DOJ-OGR-00002202.jpg
641 KB
Extraction Summary
2
People
7
Organizations
4
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
641 KB
Summary
This letter from the French Ministry of Justice, dated December 11, 2020, is addressed to the U.S. Department of Justice via its Liaison Magistrate in Paris. It formally explains that French law absolutely prohibits the extradition of any individual who was a French national at the time an alleged crime was committed. The letter contrasts this with the practices of Anglo-Saxon countries like the U.S. and clarifies that when extradition is denied on these grounds, French courts are empowered to prosecute the individual under the principle of 'aut tradere, aut judicar' (either extradite or prosecute).
People (2)
| Name | Role | Context |
|---|---|---|
| Mr. Keeper of the Seals, Minister of Justice | Minister of Justice |
The addressee of the letter.
|
| Andrew FINKELMAN | Liaison Magistrate |
The intermediary through whom the letter is sent, based at the Embassy of the United States of America in Paris.
|
Organizations (7)
| Name | Type | Context |
|---|---|---|
| MINISTRY OF JUSTICE | government agency |
The French government ministry sending the letter.
|
| Directorate of Criminal Affairs and Pardons | government agency |
A directorate within the French Ministry of Justice.
|
| Specialized Criminal Justice Sub-Directorate | government agency |
A sub-directorate within the French Ministry of Justice.
|
| Office for the International Mutual Assistance in Criminal Matters | government agency |
An office within the French Ministry of Justice.
|
| Department of Justice (DOJ) | government agency |
The recipient organization, presumably the U.S. Department of Justice.
|
| Embassy of the United States of America in Paris | government agency |
The location of Andrew Finkelman, the Liaison Magistrate.
|
| French courts | government agency |
Mentioned as having competence to judge acts committed abroad by a person of French nationality when extradition is r...
|
Timeline (1 events)
2020-12-11
The French Ministry of Justice sent a letter to the U.S. Department of Justice explaining its legal stance on the non-extradition of French nationals.
Paris, France
Locations (4)
| Location | Context |
|---|---|
|
The city where the letter was written and where the U.S. Embassy is located.
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|
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The country whose laws on extradition are being explained.
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Mentioned as a country with a different legal approach (Anglo-Saxon law) to extraditing its own nationals.
|
|
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The address of the French Ministry of Justice.
|
Relationships (3)
French Ministry of Justice
→
professional
→
U.S. Department of Justice
This letter is a formal communication between the two government agencies regarding a matter of international legal cooperation (extradition).
He is acting as the Liaison Magistrate, facilitating communication between the French Ministry of Justice and the U.S. Department of Justice.
He is the Liaison Magistrate for the U.S. at the Embassy in Paris, indicating he works for or with the U.S. government, likely the DOJ, to handle legal matters with France.
Key Quotes (3)
"France can extradite "any person not having French nationality," it being specified that nationality is assessed on the day of the commission of the acts for which extradition is requested"Source
— French Ministry of Justice (quoting/paraphrasing French law)
(Explaining the basis of French extradition law as stated in Article 696-2 of the French Code of Criminal Procedure.)
DOJ-OGR-00002202.jpg
Quote #1
"The French Code of Criminal Procedure therefore absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested."Source
— French Ministry of Justice
(Stating the definitive legal position on extraditing French nationals.)
DOJ-OGR-00002202.jpg
Quote #2
"aut tradere, aut judicar"Source
— French Ministry of Justice
(Citing the legal principle ('either extradite or prosecute') that France applies when refusing to extradite a national.)
DOJ-OGR-00002202.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,992 characters)
Case 1:20-cr-00330-AJN Document 100-2 Filed 12/18/20 Page 3 of 4
[logo]
MINISTRY
OF JUSTICE
Liberty
Equality
Fraternity
MINISTRY
OF JUSTICE
Liberty
Equality
Fraternity
Directorate of Criminal Affairs and Pardons
Specialized Criminal Justice Sub-Directorate
Office for the International Mutual Assistance in Criminal Matters
Office for the International Mutual Assistance in Criminal Matters
Paris, December 11, 2020
Mr. Keeper of the Seals, Minister of Justice
to
Department of Justice (DOJ)
Through Andrew FINKELMAN, Liaison Magistrate
Embassy of the United States of America in Paris
Embassy of the United States of America in Paris
I have the honor to inform you that Article 696-2 of the French Code of Criminal Procedure provides that France can extradite "any person not having French nationality," it being specified that nationality is assessed on the day of the commission of the acts for which extradition is requested (Article 696-4 1°).
The French Code of Criminal Procedure therefore absolutely prohibits the extradition of a person who had French nationality at the time of the commission of the acts for which extradition is requested.
The penal law being of strict interpretation, there is no reason to discriminate between nationals and binationals. From the moment they were French at the time of the facts, the person claimed is inextradible, regardless of whether they hold one or more nationalities.
When the refusal to extradite is based on the nationality of the requested person, France applies the principle "aut tradere, aut judicar" according to which the State which refuses the surrender must judge the person. Thus, Article 113-6 of the Penal Code gives competence to the French courts to judge acts committed abroad by a person of French nationality.
Some countries, generally under Anglo-Saxon law, agree to extradite their nationals and, at the same time, have no jurisdiction to judge acts committed by their nationals on foreign territory. This is particularly the case of the United States of America.
13, place Vendôme - 75042 Paris Cedex 01
Telephone: 01 44 77 60 60
www.justice-gouv.fr
Telephone: 01 44 77 60 60
www.justice-gouv.fr
DOJ-OGR-00002202
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