DOJ-OGR-00002132.jpg
705 KB
Extraction Summary
2
People
4
Organizations
3
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal memorandum / court filing exhibit
File Size:
705 KB
Summary
This document is page 8 of a legal memorandum filed on December 14, 2020, in the case United States v. Ghislaine Maxwell (Case 1:20-cr-00330-AJN). Authored by French attorney William Julié, it outlines the procedures of the Extradition Treaty between the USA and France, specifically detailing the 60-day limit for formal extradition requests following an arrest and the 'Ministerial phase' of the application process. It explains that if documents are not received within 60 days, the detained person is discharged, though they may be re-arrested later.
People (2)
| Name | Role | Context |
|---|---|---|
| William Julié | Attorney at law / Avocat à la cour |
Author of the legal opinion/document, appearing on the letterhead.
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| 1st President of the Court of Appeal | Judicial Official |
Mentioned in the context of legal decisions regarding incarceration or supervision.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Court of Appeal |
French judicial body mentioned regarding jurisdiction and remand prison.
|
|
| Investigating Chamber of the Court of Appeal |
Body that reviews challenges to decisions and applications for release.
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|
| William Julié Avocats |
Law firm implied by the website wjavocats.com.
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| Department of Justice (DOJ) |
Implied by the Bates stamp DOJ-OGR-00002132.
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Timeline (1 events)
2020-12-14
Document filed in court case 1:20-cr-00330-AJN
Southern District of New York (implied by case number)
Locations (3)
| Location | Context |
|---|---|
|
Jurisdiction whose laws are being analyzed.
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Requesting state in the extradition context.
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Address of William Julié's law firm.
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Key Quotes (3)
"Article 10.1 of the Extradition Treaty between the USA and France provides that “all requests for extradition shall be submitted through the diplomatic channel”."Source
DOJ-OGR-00002132.jpg
Quote #1
"Under Article 13.4 of the Extradition Treaty between the USA and France, if, within 60 days of arrest... the requested person is discharged from custody."Source
DOJ-OGR-00002132.jpg
Quote #2
"such release does not preclude a subsequent re-arrest if an extradition request and supporting documents are delivered at a later date"Source
DOJ-OGR-00002132.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,283 characters)
Case 1:20-cr-00330-AJN Document 97-22 Filed 12/14/20 Page 8 of 30
William JULIÉ
avocat à la cour – attorney at law
William JULIÉ
avocat à la cour – attorney at law
supervision, or under house arrest with electronic surveillance) or incarceration at the remand prison of the Court of appeal in which jurisdiction he/she has been apprehended.
- The decision of the 1st President of the Court of Appeal can be challenged before the Investigating Chamber of the Court of Appeal.
- In case of incarceration, the requested person can file an application for release before the Investigating Chamber of the Court of appeal at any time during the extradition procedure.
- The decision of the 1st President of the Court of Appeal can be challenged before the Investigating Chamber of the Court of Appeal.
- In case of incarceration, the requested person can file an application for release before the Investigating Chamber of the Court of appeal at any time during the extradition procedure.
9. Under Article 13.4 of the Extradition Treaty between the USA and France, if, within 60 days of arrest, the government of the requested State has not received from the requesting State the formal extradition request as well as supporting documents required by the Treaty⁷, the requested person is discharged from custody. If the government has received the relevant documents, the normal extradition procedure may begin.
10. If the person has been discharged from custody pursuant to Article 13.4 of the Treaty, such release does not preclude a subsequent re-arrest if an extradition request and supporting documents are delivered at a later date (Article 13.5).
B. Second stage: Application for extradition (Ministerial phase)
11. Article 10.1 of the Extradition Treaty between the USA and France provides that “all requests for extradition shall be submitted through the diplomatic channel”.
12. The Extradition Treaty between the USA and France does not specify which internal procedures must be followed in each contracting State following the transmission of the extradition request through the diplomatic channel pursuant to Article 10. We must therefore refer to provisions of the French Code of Criminal Procedure to outline the procedure followed by French institutions upon receipt of an extradition request made by the USA.
13. Under Article 696-9 of the French Code of Criminal Procedure, the procedure followed in France is as follows:
⁷ Article 10 of the Extradition Treaty between the USA and France
51, rue Ampère - 75017 paris - tél. 01 88 33 51 80 – fax. 01 88 33 51 81 wj@wjavocats.com - 7
www.wjavocats.com - palais C1652
www.wjavocats.com - palais C1652
DOJ-OGR-00002132
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