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Document DOJ-OGR-00020171
AI Analysis
Summary: The letter from the French Ministry of Justice explains that under French law, an individual's French nationality at the time of an offense is a barrier to extradition. It references specific articles of the French Code of Criminal Procedure that govern removal proceedings. The letter is addressed to the U.S. Department of Justice through a liaison magistrate at the U.S. Embassy in Paris.
Significance: This document clarifies French law regarding extradition, specifically the conditions under which France will or will not extradite individuals to other countries, highlighting the importance of nationality at the time of the offense.
Key Topics:
Extradition proceedings in France
Conditions for removal of individuals under French law
Relevance of nationality in extradition cases
Key People:
- Philippe AEGLE - Head of the International Criminal Assistance Bureau
- Andrew FINKELMAN - Liaison Magistrate on behalf of the Embassy of the United States of America
Full Text
MINISTRY OF JUSTICE
Liberty
Equality
Fraternity
Directorate of Criminal Affairs & Pardons
Specialized Criminal Justice Sub-Directorate
International Criminal Assistance Bureau
Paris, March 9, 2021
His Honor the Keeper of Seals, Minister of Justice
To the
Department of Justice (D.O.J)
Through Andrew FINKELMAN, Liaison Magistrate on behalf of the Embassy of the United States of America located in Paris, France
I hereby inform you that in France, all removal proceedings and conditions are governed by Articles 696 et sq. of the Code of Criminal Procedure.
Article 696-2 of said Code provides that: "The French government is able to remit to foreign governments upon their request any individual who is not a French citizen and who is subject to a lawsuit brought on behalf of the requesting State, or who is subject to a sentence passed by the Court of said requesting State, and who is located on the territory of the French Republic."
Article 694-4 expressly specifies as follows:
"Removal is not granted:
1- When the individual claimed to have French citizenship, said citizenship having been assessed at the time of the offense on the basis of which removal is being requested."
WHEREBY, the fact that the wanted individual is a French national constitutes an insuperable obstacle to his/her removal. As long as said nationality is assessed at the time the offense was committed, any loss of nationality subsequent to said offense has no bearing upon the removal proceedings and shall not supersede said assessment of nationality.
Head of the International Criminal Assistance Bureau
Philippe AEGLE
13, place Vendôme - 75042 Paris Cedex 01 - France
Telephone: (011) 33.1.44.77.60.60
www.justice.gouv.fr
DOJ-OGR-00020171