Arrest Warrants

Arrest Warrant Defense in France

Not every warrant involving France is an extradition matter — and France’s process has a genuinely distinctive two-stage structure.

Direct answer: A French domestic arrest warrant is issued for conduct within France and heard entirely within the French court system. A European Arrest Warrant (EAW) from another EU state, or a traditional extradition request from outside the EU, proceeds instead through the Chambre de l’instruction of the Court of Appeal for judicial review, followed by a final executive decision by the Prime Minister, who retains discretion to refuse extradition even after a positive judicial opinion.

The Two Tracks

Domestic, EAW, and Traditional Extradition

French Domestic Warrant

Issued for conduct within France, heard entirely within the ordinary French criminal court system.

European Arrest Warrant

EU member state requests proceed under the EAW framework — a genuinely separate mechanism from ordinary extradition, with its own legal test.

Traditional Extradition

Requests from non-EU countries proceed under Articles 696 et seq. of the Code de procédure pénale, via bilateral treaty or reciprocity.

Two-Stage Process

A judicial admissibility review by the Chambre de l’instruction is followed by a final executive decision by the Prime Minister.

Frequently Asked

Common Questions

Can French nationals be extradited?

Article 696-4 of the Code de procédure pénale absolutely prohibits extradition of French nationals to non-EU states — but this protection does not extend to EAW surrender within the EU.

Who makes the final decision on an extradition request?

The Chambre de l’instruction reviews judicial admissibility, but the Prime Minister holds final executive authority and can refuse extradition even after a positive judicial opinion.

Will I be represented by a French-licensed lawyer either way?

Yes — both domestic matters and the French side of any EAW or extradition case are handled by our network lawyer admitted to practice in France.