Extradition Law

August 1998

LL File No. 1998-3065 LRA-D-PUB-000265

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This report is provided for reference purposes only. It does not constitute legal advice and does not represent the official opinion of the United States Government. The information provided reflects research undertaken as of the date of writing. It has not been updated. LAW LIBRARY OF CONGRESS

98-3065

FRANCE

Extradition of nationals

Unless otherwise provided by bilateral treaties, France does not extradite its nationals. Article 3.1 of the extradition law dated March 10, 1927,1 states the general principle of non-extradition of nationals. Extradition will not be granted when the offender was a French national at the time of commission of the offense. The ratification by France of the European Convention on Extradition did not modify this principle because article 6.1 gives the contracting parties the right to refuse extradition of their nationals.2

Death penalty

The death penalty was abolished in 1981 by Law No. 81-908 of October 9, 1981.3

Noteworthy practice

French Courts prohibit the extradition of a defendant tried in absentia unless the country requesting the fugitive can guarantee a new trial upon his return. A few months ago, the United States sought the extradition of Ira Einhorn convicted in absentia for his girl friend's murder by a Pennsylvania jury in 1993. The indictment Chamber of the Court of Appeal of Bordeaux denied the extradition on the ground that he would not be retried upon his return in the United States. This decision was latter confirmed by the Cour de Cassation which is roughly the equivalent of the U.S. Supreme Court for judicial matters.

Prepared by Nicole Atwill Senior Legal Specialist Western Law Division Law Library of Congress August 1998

1 C. Pr. Pen., p. 566 (Dalloz, 1995-1996).

2 Id. at 580.

3 J.O., Oct. 10, 1981, p. 2759.