Lawyer – European Arrest Warrant in Paris

Are you the subject of a European Arrest Warrant or extradition proceedings? Working with a lawyer experienced in international criminal law helps protect your rights and prepare your defence from the moment a surrender request is issued by another State.

Maître Lois Pamela LESOT, attorney at the Paris Bar, represents you throughout France

Holding degrees in criminal law, international criminal law, and business criminal law, and trained at leading French and British universities (King’s College London, Paris I Panthéon-Sorbonne, Kent Law School), Maître Lois Pamela LESOT puts her expertise at the service of criminal defense throughout France, including the overseas territories.

She assists you at every stage of the proceedings:

  • Verification of the validity of the European Arrest Warrant and its purpose (prosecution or enforcement of a sentence).
  • Representation before the Prosecutor General and the Investigating Chamber.
  • Challenging the execution of the European Arrest Warrant by invoking procedural safeguards and fundamental rights.
  • Suivi devant le Juge des libertés et de la détention en cas de placement sous mesure de sûreté privative de liberté (écrou extraditionnel notamment)
  • Conseils pour préparer une défense efficace

With experience gained in renowned law firms (Avi Bitton, William Julié, Collard & Associés…) and within courts (Paris Court of Appeal, International Criminal Court), she adopts a rigorous, human, and strategic approach to each case.

Areas of Practice for European Arrest Warrants

Verification of the applicable legal framework

  • Application of international conventions
  • Or application of the rules relating to the European Arrest Warrant (Articles 695-11 and following of the Code of Criminal Procedure)
  • Otherwise, application of ordinary extradition law (Articles 696 and following of the Code of Criminal Procedure)

Analysis of the request issued by the EU Member State

  • Verification of the legal requirements, procedural defects, and grounds for nullity
  • Verification of time limits
  • Verification of the grounds for refusal of extradition

Defense before the Public Prosecutor General and the Indictments Chamber

  • Advice and assistance during appearance before the Public Prosecutor General
  • Development of the strategy, preparation of the defense, and drafting of a brief
  • Assistance and oral advocacy during hearings before the Indictments Chamber
  • Application of the principle of specialty

International criminal defense

  • Complex cross-border cases
  • Offences committed by a French national / against a French national abroad
  • Offences committed in France by / against foreigners
  • International crimes and specialized courts
  • International crimes and specialized courts
  • Advice and assistance in English

The Stages of a European Arrest Warrant Procedure

1. Issuance of the European Arrest Warrant

  • Warrant issued by an EU Member State
  • Purpose: criminal prosecution or enforcement of a custodial sentence
  • Transmission through judicial channels by the issuing judicial authority

Your lawyer verifies the legality and validity of the European Arrest Warrant in accordance with European Union rules as implemented in the French Code of Criminal Procedure.

2. Appearance before the judicial authorities

  • Arrest of the requested person in France
  • Appearance before the Prosecutor General
  • Appearance before the Investigating Chamber of the Court of Appeal

Throughout these proceedings, the assistance of a lawyer experienced in European Arrest Warrants in Paris is essential to prepare your defence and protect your rights.

3. Review of the European Arrest Warrant by the Investigating Chamber

  • Opportunity to consent to surrender
  • Verification of the legality and validity of the warrant
  • Examination of any grounds for refusing execution of the warrant
  • Review of the requested person's fundamental rights

Your lawyer may challenge the execution of the warrant through written submissions and oral pleadings, raising procedural defects, grounds of nullity, and any arguments opposing surrender to the issuing Member State.

4. Outcome and appeals

  • If surrender is authorised, transfer to the issuing Member State within 10 days
  • Refusal of execution where the warrant is unlawful or fundamental rights have been infringed
  • Possible appeal before the French Court of Cassation
  • Referral to a lawyer in the issuing Member State where necessary

Your lawyer assists you throughout every stage of the proceedings, including applications for release during the procedure and any subsequent appeals.

Your Criminal Defense with Maître Lois Pamela LESOT

Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – lesot@loispamelalesot.com

Le cabinet intervient régulièrement dans l’assistance et la défense de personnes visées par un mandat d’arrêt européen ou une procédure d’extradition.

Maître LESOT défend également ses clients dans l’ensemble des affaires de droit pénal international et européen, devant la chambre de l’instruction, le juge des libertés et de la détention, ainsi que dans les procédures complexes de coopération judiciaire entre États.

Avocate affaires criminelles à Paris
Avocate agression sexuelle à Paris
Avocate affaires de viol à Paris
Extradition lawyer in Paris
Police custody lawyer in Paris

FAQ – European Arrest Warrant Lawyer in Paris

What is a European Arrest Warrant (EAW)?

A European Arrest Warrant (EAW) is a judicial procedure introduced by the European Union in 2002 to simplify the arrest and surrender of individuals wanted between EU Member States.

It may be issued:

  • To prosecute a criminal offence.
  • To enforce a custodial sentence already imposed in another Member State.

The EAW replaces the lengthy traditional extradition process and is based on direct cooperation between judicial authorities.

Who can issue a European Arrest Warrant?

A European Arrest Warrant is issued by a judicial authority of an EU Member State (such as a public prosecutor or investigating judge) directly to the judicial authority of another Member State.

The request does not go through diplomatic channels, making the procedure faster and more efficient.

A criminal defence lawyer in Paris with expertise in European criminal law verifies the validity of the warrant and defends the requested person.

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

  • Extradition is a diplomatic procedure, often lengthy, governed by international treaties or domestic criminal procedure laws.
  • A European Arrest Warrant is a simplified judicial procedure carried out directly between the courts of EU Member States, without political involvement.

The EAW is based on the principle of mutual recognition, meaning that judicial decisions issued by one EU Member State are recognised and enforced by another.

For more information on extradition: here.
For more information on the European Arrest Warrant: here.

What happens if someone is arrested in France under a European Arrest Warrant?

  1. Arrested by the judicial police.
  2. Brought promptly before the Prosecutor General.
  3. Required to appear before the Investigating Chamber within a short timeframe.
  4. The judges verify: The identity of the requested person. The grounds for issuing the warrant. Whether the procedure is legally valid. Whether there are any grounds for refusing surrender.

The assistance of a European Arrest Warrant lawyer in Paris is essential to prepare the defence and, where appropriate, challenge the surrender to the issuing State.

What rights does a person subject to a European Arrest Warrant have?

Anyone subject to a European Arrest Warrant benefits from fundamental procedural rights, including the right to:

  • Be assisted by a lawyer from the first court appearance.
  • Receive information in a language they understand.
  • Present arguments against surrender (for example, where defence rights were not respected, there is a risk of inhuman or degrading treatment, or the sentence is time-barred).
  • Be heard before the Investigating Chamber before any decision is made.
  • Apply for release before the Judge for Liberties and Detention if held in extradition custody.

What grounds may justify refusing the execution of a European Arrest Warrant?

The Investigating Chamber must refuse surrender where:

  • Criminal proceedings have been extinguished by an amnesty.
  • The person has already been finally tried for the same facts and the sentence has been served, is currently being served, or can no longer be enforced (ne bis in idem principle).
  • The requested person was under thirteen years of age at the time of the alleged offence.
  • The warrant was issued for discriminatory reasons, such as the person's sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or where surrender would prejudice the person for one of those reasons.

The Investigating Chamber may refuse surrender where:

  • Criminal proceedings are pending in France, or the French authorities have decided not to prosecute or have discontinued proceedings.
  • The requested person is a French national or has lawfully and continuously resided in France, and the sentence can be enforced in France.
  • The offence was committed wholly or partly on French territory.
  • The offence was committed outside the issuing State, and French law would not permit prosecution in similar circumstances.
  • The person has already been finally judged for the same facts by the judicial authorities of a non-EU country, provided the sentence has been served, is being served, or can no longer be enforced.
  • French courts have jurisdiction over the offence and the limitation period for prosecution or enforcement has expired.

Execution of a European Arrest Warrant may also be refused where the alleged conduct does not constitute a criminal offence under French law (the principle of double criminality).

How long does a European Arrest Warrant procedure take?

  • As a general rule, the Investigating Chamber must issue its decision within 60 days of the arrest.
  • If the requested person consents to surrender, the decision may be made within 10 days.
  • Appeals, including proceedings before the Court of Cassation, may extend the overall duration.

An experienced defence lawyer can help challenge the procedure or ensure it progresses efficiently, depending on the client's interests.

Can you appeal a decision ordering the execution of a European Arrest Warrant?

Yes. A decision of the Investigating Chamber may be challenged before the French Court of Cassation.

A criminal defence lawyer in Paris can lodge the appeal to challenge the legality of the proceedings or raise procedural defects.

What is the role of a lawyer in a European Arrest Warrant procedure?

A lawyer experienced in European Arrest Warrants in Paris can:

  • Verify the legality and validity of the warrant.
  • Represent the requested person before the Prosecutor General and the Investigating Chamber.
  • Challenge the execution of the warrant before the Investigating Chamber.
  • Apply to the Judge for Liberties and Detention for release or alternative measures.
  • Lodge an appeal before the French Court of Cassation where appropriate.

What should you do if you are subject to a European Arrest Warrant in Paris?

European Arrest Warrant proceedings move quickly, so every hour matters. You should:

  • Contact a lawyer specialising in European criminal law immediately.
  • Gather your identity documents and any evidence relevant to your situation.
  • Do not sign any document without first consulting your lawyer.

Maître Lois Pamela LESOT
+33 6 52 02 54 42
lesot@loispamelalesot.com