How does an extradition procedure work in France?

Extradition proceedings in France follow a well-defined legal framework. They enable a foreign State to request that France surrender a person sought either for criminal prosecution or for the enforcement of a sentence that has already been imposed.

In practice, the proceedings can progress quickly: arrest, appearance before the Prosecutor General, hearing before the Investigating Chamber, a reasoned opinion and, where appropriate, an extradition decree. At every stage, the assistance of a lawyer helps the requested person understand their rights, analyse the case file and prepare an effective defence.

What is the legal framework governing extradition?
Step 1: Arrest and appearance before the Prosecutor General
Step 2: Appearance before the Investigating Chamber
Step 3: Opinion, extradition decree and legal remedies
What is the lawyer's role during the proceedings?
FAQ

What is the legal framework governing extradition?

Extradition is governed by the applicable international treaties and, where those treaties do not apply or are supplemented by domestic law, by Articles 696 et seq. of the French Code of Criminal Procedure.

It applies to requests made by countries outside the European Union and must therefore be distinguished from the European Arrest Warrant, which establishes a surrender procedure between Member States of the European Union. The applicable time limits, competent authorities and grounds for refusal differ significantly.

For a general overview of the subject, the firm has also published an article on extradition.

Step 1: Arrest and appearance before the Prosecutor General

The proceedings often begin with the arrest of the requested person. Under French law, anyone arrested pursuant to an extradition request must be brought before the territorially competent Prosecutor General within forty-eight hours.

At this stage, the Prosecutor General verifies the person's identity and informs them, in a language they understand, of the existence and content of the extradition request. They must also inform the person of their rights, including the right to be assisted by a lawyer.

This initial stage is particularly important because, following the appearance before the Prosecutor General, the requested person may be released subject to conditions (judicial supervision), placed under house arrest with electronic monitoring or remanded in extradition detention.

Key takeaway

If you are arrested in connection with a foreign extradition request, it is essential to request the assistance of a lawyer immediately. For urgent situations, see also: Arrest for Extradition: What Should You Do Immediately?

Step 2: Appearance before the Investigating Chamber

After the appearance before the Prosecutor General, the case is referred to the Investigating Chamber. It is this court that examines the extradition request, verifies that the legal requirements are met, and hears the arguments presented by the requested person, the Public Prosecutor and the defence lawyer.

Two situations must be distinguished

if the requested person consents to extradition, they must appear before the Investigating Chamber within five working days of their appearance before the Prosecutor General;
if the requested person consents to extradition, they must appear before the Investigating Chamber within five working days of their appearance before the Prosecutor General;

Where the requested person refuses to consent to extradition, the Investigating Chamber issues a reasoned opinion. Unless additional information is required, that opinion must be delivered within one month of the hearing.

For a more detailed explanation of this stage, see: The Investigating Chamber and Extradition: What Is Its Role?

During this period, a person held in extradition detention may also, depending on the circumstances, apply for release. The defence strategy will depend on the case file, the applicable legal framework, the guarantees provided by the requesting State and the concrete risks associated with surrender.

If the key issue is whether extradition can be opposed, see: Can Extradition Be Refused or Challenged?

Step 3: Opinion, Extradition Decree and Legal Remedies

The Investigating Chamber does not itself surrender the requested person to the foreign State. Instead, it issues a reasoned opinion. If that opinion is unfavourable, extradition cannot be granted. If the opinion is favourable, the proceedings may continue.

Extradition must then be authorised by decree of the Prime Minister, issued upon the recommendation of the Minister of Justice. That decree may be challenged through an application for judicial review within the time limit laid down by the French Code of Criminal Procedure.

What is the lawyer's role during extradition proceedings?

The lawyer is involved at every stage of the proceedings: from the moment of arrest, before the Prosecutor General, before the Investigating Chamber and, where appropriate, in any subsequent appeals or legal remedies. Their role is to verify the legality of the proceedings and identify the most effective legal arguments for the defence.

In particular, a lawyer can:

obtain access to the case file and explain it to the requested person;
verify compliance with the applicable time limits and legal requirements;
identify possible grounds for refusing extradition;
prepare written submissions for the defence;
represent the requested person before the Investigating Chamber;
organise any appeals and applications for release.

The assistance of an extradition lawyer ensures that the requested person does not have to face the proceedings without understanding the legal issues involved. Legal representation is particularly important where the case involves a country outside the European Union, diplomatic assurances or risks relating to fundamental rights. On this subject, see also: Extradition to a Country Outside the European Union: Rules and Legal Remedies.

Useful resources on extradition

FAQ: Extradition Procedure in France

How long does an extradition procedure take in France?

The duration depends on the circumstances of the case, whether the requested person consents to extradition, whether additional information is required and whether legal remedies are pursued. Where the requested person refuses to consent, the Investigating Chamber must, in principle, issue its opinion within one month of the hearing, unless additional information is requested.

Can extradition be refused?

Yes, in certain circumstances. The defence may rely on statutory grounds for refusal, procedural irregularities, limitation periods, the absence of double criminality where applicable, or a serious risk of a violation of fundamental rights.

What is the difference between extradition and a European Arrest Warrant?

Extradition generally concerns requests made by countries outside the European Union. Such cases are often governed by international treaties and, where no treaty applies, by the general provisions of French law described above. A European Arrest Warrant is a surrender procedure between Member States of the European Union that is faster and governed by its own specific legal framework.

Can a lawyer apply for release during the proceedings?

Yes. An application for release may be made under the conditions laid down by the French Code of Criminal Procedure. Whether such an application is admissible and likely to succeed depends, in particular, on the requested person's guarantees of appearance and their individual circumstances.

Need assistance with extradition proceedings?

Are you the subject of an extradition request, an arrest or a hearing before the Investigating Chamber? Ms. Lois Pamela LESOT, Attorney at the Paris Bar, can assist you by analysing the proceedings, preparing your defence and protecting your rights.

Ms. Lois Pamela LESOT
Phone: +33 6 52 02 54 42
Email: lesot@loispamelalesot.com

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