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Extracted Text (OCR)
Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 9 of 30
William JULIE
avocat a la cour — attorney at law
- The Minister of Foreign Affairs first verifies that the file is properly constituted in
accordance with the requirements of the Extradition Treaty. The Minister of Foreign
Affairs only verifies that the request contains all the required documents.
- The file is then transmitted to the Minister of Justice, which verifies the regularity
of the request. At this stage, the French nationality of the requested person does not
influence the control of the Minister of Justice.
- The Minister of Justice must then forward the file to the Prosecutor General. This
obligation to transmit the file to the Prosecutor General is binding, as Article 696-9
uses imperative language requiring the Minister of Justice to do so.
C. Third stage: Arrest and presentation before the Prosecutor General (beginning of
the judicial phase)
14. Any person arrested pursuant to an extradition application must be transferred to the
territorially competent Prosecutor General within 48 hours after the arrest®.
15. The Prosecutor General informs the requested person, in a language he or she
understands, of:
- the existence and the content of the extradition application;
- the right to be assisted by an advocate and to have an interview with this advocate
immediately;
- the right to consent to or to oppose his or her extradition, and the legal consequences
of consenting to extradition;
- the right to waive the principle of specialty (according to which the person who is
extradited can be prosecuted only for the crimes specified in the extradition request),
and the legal consequences of such renunciation.
16. The Prosecutor General hears the statements of the person and his or her counsel, and in
particular, the consent or opposition to extradition, which shall be officially recorded.
17. The Prosecutor General decides whether to release the requested person or not. If he
considers that the requested person should remain in detention, the requested person then
appears before the 1 President of the Court of appeal, who may order the person’s
release (without any control, or with judicial supervision, or under house arrest with
electronic surveillance) or his/her incarceration. The 1“ President’s decision may be
8 Article 696-10 of the French Code of Criminal Procedure.
51, rue Ampére - 75017 paris - tél. 01 88 33 51 80 — fax. 01 88 33 51 81 wj@wjavocats.com - 8
www.wjavocats.com - palais C1652
DOJ-OGR-00002133
Document Details
| Filename | DOJ-OGR-00002133.jpg |
| File Size | 748.1 KB |
| OCR Confidence | 94.8% |
| Has Readable Text | Yes |
| Text Length | 2,550 characters |
| Indexed | 2026-02-03 16:20:23.052752 |