Extradition proceedings
The extradition procedure is an inter-state cooperation and mutual assistance tool that enables the transfer of an individual to the country initiating the prosecution or criminal conviction.
Among these is the extradition procedure, which allows a State to request from another State a mandatory return of a person prosecuted or convicted of a crime or certain offenses, so that they may be tried or serve a sentence in the requesting state.. Since 2004, among European Union member states, the extradition procedure has been replaced by a simplified European arrest warrant process.
France does not extradite of its own nationals when they are present on its territory but may approve extradition requests for foreign citizens on its soil.. Extradition procedure is governed by the French Code of Criminal Procedure and numerous international conventions, generally bilateral, concluded by France with other countries. While the French legal system offers a degree of protection to those subject to legal proceedings, some countries have less protective legal systems, and people prosecuted in these countries do not always benefit from the same rights as in France. Therefore, it is so important for people involved in extradition proceedings to have access to the appropriate legal advice.
Your challenges
Preserving individual rights and freedoms that may be compromised by extradition proceedings.
Understanding the stakes of extradition
Extradition proceedings are technical and complex. They often involve both legal issues (such as constitutional law, civil liberties, criminal procedure and administrative law), as well as diplomatic and political considerations.
Understanding the framework of extradition proceeding
The extradition procedure is governed by key principles of international law, such as the equality between States, the principle of reciprocity or of specialty, and national principles of law, such as the ne bis in idem principle. It is also subject to a number of conditions.
Understanding the execution of an Extradition request
A request for Extradition is ultimately a request made by a requesting State to a requested State through diplomatic channels, to initiate its domestic legal process. Therefore, in the absence of a bilateral treaty, the execution of a request for Extradition is governed by the domestic laws of the requested State. The procedure varies depending on whether the claimant consents to his or her returns but generally involves an audition before the public prosecutor and then the investigating chamber.
Understanding the consequence of extradition proceeding
Extradition can have significant legal and reputational consequences on the individual’s personal situation in that it may involve, among other things, custody measures impeding his or her freedom.
Challenging extradition proceedings
Extradition is strictly regulated by bilateral treaties or the Code of Criminal Procedure and the individual concerned has access to judicial and administrative remedies under specific conditions. according to specific procedures.
Our way
Ensuring the effectiveness of the rights and freedoms of individuals targeted byan extradition proceedure.
Tailor-made support right from the start of the procedure
We assist from the outset of the procedure by supporting our clients from the moment of arrest and the notification of the extradition request, to challenge any potential custudy measures.
A perfect knowledge of the methods for challenging an extradition request.
We advise and defend our clients during their appearance before the investigating chamber to challenge their transfer to the requesting state, before the Court of Cassation to contest the decision of the investigative chamber, and in the event of an appeal against the extradition decree issued by the government.
A high level of reactivity and constant support
Due to the urgent nature of this type of procedure, we are reactive and available to interact with our clients and their lawyers in their home countries.
A strong network of trusted partners
In addition to its expertise, Navacelle can call upon its trusted partners established abroad and specialising in Extradition law to help its clients identify national and international risks and offer them the most comprehensive service possible.
Accolades
The firm is very adaptable to changing circumstances and able to respond quickly to increases in workload requirements.
A very good sense of the overall strategy in any case.”
CORPORATES
“ Excellent ”
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