NCJ Number
70728
Journal
Revue de droit penal et de criminologie Volume: 60 Issue: 1 and 2 Dated: special issue (January/February 1980) Pages: 7-14
Date Published
1980
Length
8 pages
Annotation
The procedural problems which have arisen for France because of the changing extradition laws are discussed in general terms.
Abstract
According to recent European conventions extradition is obligatory; any refusal to extradite must be justified, and the role of the judge in considering extradition requests is considerably broadened, although the government is bound only by his negative decisions. The general principle of international law is to leave determination of extradition procedures to each individual state. According to the 1927 law which establishes the extradition procedures in France, the court of arraignment must consider the request for extradition and supervise detention of the fugitive. At the time of the bill's passage, extradition was regarded as a diplomatic matter to be settled as speedily as possible. However, as the court of arraignment has sometimes disregarded the limits of its powers, the court of appeals has not hesitated to hear appeals and even to declare decisions unacceptable. In short, there has been a trend toward progressive inclusion of extradition cases in the usages of internal procedure. This two-level system for extradition decisions has proved adequate, if complex, especially as the final decision is in the hands of the government. However, the applicability of the procedures to the present situation and current conceptions of law is questionable.