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Extracted Text (OCR)
Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 10 of 30
William JULIE
avocat a la cour — attorney at law
appealed before the Investigating Chamber of the Court of appeal, by the Prosecutor
General or the requested person.
D. Fourth stage: Decision of the Investigating Chamber of the competent Court of
appeal
18. Once the requested person has declared to the Prosecutor General whether he consents
or not to extradition, the Investigating Chamber is immediately seized of the case. This
phase varies depending on whether the requested person consents to extradition.
19. If the requested person has declared to the Prosecutor General that he or she consents to
extradition, Article 696-13 of the French Code of Criminal Procedure provides that he
or she must appear before the Investigating Chamber within 5 working days from the
date of presentation before the Prosecutor General. The same provision states that the
requested person may also decide to waive the rule of specialty before the Prosecutor
General.
20. If, at this appearance, the requested person confirms his or her consent to be extradited
and the legal conditions for extradition are fulfilled, the Investigating Chamber informs
the person of the legal consequences of such consent and formally acknowledges this
consent within 7 days from the date of appearance, unless additional investigations have
been ordered’.
21. The rules of this simplified extradition procedure must be read in light of Article 11 of
the Agreement on Extradition between the European Union and the USA of 25 June
2003 (“Simplified extradition procedures”), which states that “if the person sought
consents to be surrendered to the requesting State, the requested State may, in
accordance with the principles and procedures provided for under its legal system,
surrender the person as expeditiously as possible without further proceedings. The
consent of the person sought may include agreement to waiver of protection of the rule
of specialty”!°. This provision, together with Article 696-13 of the French Code of
Criminal Procedure, demonstrates that extradition law is considerate of the requested
° Article 696-14 of the French Code of Criminal Procedure.
0 Such Article 11 of the Agreement on Extradition between the European Union and the USA of 25 June 2003
has been directly incorporated in the Extradition Treaty between the USA and France signed in Paris on 23 April
1996 by the Instrument Amending the Treaty of 23 April 1996 between the United States of America and France
signed in the Hague on 30 September 2004.
51, rue Ampére - 75017 paris - tél. 01 88 33 51 80 — fax. 01 88 33 51 81 wj@wjavocats.com - 9
www.wjavocats.com - palais C1652
DOJ-OGR- 00002134
Document Details
| Filename | DOJ-OGR-00002134.jpg |
| File Size | 810.1 KB |
| OCR Confidence | 95.1% |
| Has Readable Text | Yes |
| Text Length | 2,743 characters |
| Indexed | 2026-02-03 16:20:24.718708 |