French Code of Criminal Procedure
In forceExtradition obtained by the French Government shall be null and void if it has taken place outside the conditions provided for in this chapter.
Immediately after the extradited person is taken into custody, the public prosecutor shall notify him that he has the right to request that the nullity of the extradition be pronounced in the conditions of form and time provided for in this article and that he has the right to choose a lawyer or to request that one be appointed for him ex officio.
Invalidity shall be declared, even of its own motion, by the trial court to which the extradited person is subject after surrender or, if the extradited person is not subject to a trial court, by the investigating chamber. The competent investigating chamber is, where extradition has been granted for the execution of an arrest warrant issued in an ongoing investigation, that in whose jurisdiction the surrender took place.
The request for nullity presented by the extradited person must, on pain of inadmissibility, state the reasons and be the subject of a declaration at the registry of the competent court within ten days of the notice provided for in the second paragraph.
The declaration shall be the subject of a report signed by the registrar and by the applicant or his lawyer. If the applicant is unable to sign, this is noted by the court clerk.
Where the applicant or his lawyer does not reside within the jurisdiction of the competent court, the declaration to the court clerk may be made by means of a registered letter with acknowledgement of receipt.
Where the applicant is detained, the application may also be made by means of a declaration to the head of the prison. This declaration is the subject of a record signed by the head of the prison and by the applicant. If the applicant is unable to sign, this is noted by the head of the prison. The original or a copy of the report shall be sent without delay, by any means, to the registry of the court to which the matter is referred.
