DOJ-OGR-00002132.jpg

Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 8 of 30 William JULIE avocat a la cour — attorney at law supervision, or under house arrest with electronic surveillance) or incarceration at the remand prison of the Court of appeal in which jurisdiction he/she has been apprehended. - The decision of the 1“ President of the Court of Appeal can be challenged before the Investigating Chamber of the Court of Appeal. - Incase of incarceration, the requested person can file an application for release before the Investigating Chamber of the Court of appeal at any time during the extradition procedure. 9. Under Article 13.4 of the Extradition Treaty between the USA and France, if, within 60 days of arrest, the government of the requested State has not received from the requesting State the formal extradition request as well as supporting documents required by the Treaty’, the requested person is discharged from custody. If the government has received the relevant documents, the normal extradition procedure may begin. 10. If the person has been discharged from custody pursuant to Article 13.4 of the Treaty, such release does not preclude a subsequent re-arrest if an extradition request and supporting documents are delivered at a later date (Article 13.5). B. Second stage: Application for extradition (Ministerial phase) 11. Article 10.1 of the Extradition Treaty between the USA and France provides that “all requests for extradition shall be submitted through the diplomatic channel”. 12. The Extradition Treaty between the USA and France does not specify which internal procedures must be followed in each contracting State following the transmission of the extradition request through the diplomatic channel pursuant to Article 10. We must therefore refer to provisions of the French Code of Criminal Procedure to outline the procedure followed by French institutions upon receipt of an extradition request made by the USA. 13. Under Article 696-9 of the French Code of Criminal Procedure, the procedure followed in France is as follows: 7 Article 10 of the Extradition Treaty between the USA and France 51, rue Ampére - 75017 paris - tél. 01 88 33 51 80 — fax. 01 88 33 51 81 wj@wjavocats.com - 7 www.wjavocats.com - palais C1652 DOJ-OGR- 00002132