Does France Extradite Its Citizens? Extradition Law Explained

France’s position is clear and long-standing: French nationals cannot be extradited to a foreign state. This principle is enshrined in Article 696-4 of the French Code of Criminal Procedure, which provides that extradition shall not be granted where the person whose extradition is requested is a French national at the time of the offence for which extradition is sought.

This rule is absolute — it applies regardless of the nature of the offence, the requesting country, or the existence of an extradition treaty. It reflects a broader constitutional tradition in French law, shared by many civil law countries, that a state has a duty to protect its own citizens from foreign criminal proceedings whose fairness cannot be guaranteed.

However, French non-extradition of nationals comes with an important trade-off: France has an obligation under its own law to prosecute French nationals for serious offences committed abroad. This principle of aut dedere aut judicare (“extradite or prosecute”) means that a French national wanted for a serious crime in the UK, the US, or elsewhere may face prosecution in France instead of extradition.

Before Brexit, the UK and France were both EU member states and operated under the European Arrest Warrant (EAW) system — a streamlined surrender mechanism that largely replaced traditional extradition. The EAW was fast, efficient, and did not require dual criminality in most cases.

Since 31 December 2020, the EAW no longer applies between the UK and France. Extradition between the two countries is now governed by the UK-EU Trade and Cooperation Agreement (TCA), Part Three, Title VII (“Surrender”), which creates a modified surrender framework.

The TCA surrender mechanism retains many EAW features but with important differences: the UK has left the EAW system entirely; there are new grounds for refusal; the UK’s departure from the ECHR framework (if it were to occur) could add further complications; and there are practical delays in the bilateral process. Cases involving UK requests to France for extradition of non-French nationals proceed under the TCA, subject to review by the French Chambre de l’instruction (part of the Cour d’appel).

In France, extradition requests are handled by the Chambre de l’instruction of the Cour d’appel in the district where the person is arrested. The procedure is as follows:

1. The requesting state submits a formal extradition request through diplomatic channels to the French Ministry of Justice.
2. If a person is arrested, they are brought before the Chambre de l’instruction, which verifies the legality and admissibility of the request.
3. The person has the right to legal representation, the right to present submissions, and the right to challenge the request on any of the statutory grounds.
4. The Chambre de l’instruction issues an advisory opinion (avis). If the opinion is negative (against extradition), the Minister of Justice cannot grant extradition.
5. If the opinion is positive, the Minister of Justice retains discretion to refuse extradition on broader grounds including political considerations.
6. Both the individual and (in limited circumstances) the requesting state can seek review of the Chambre’s decision before the Cour de cassation.

Our extradition specialists are experienced in French extradition proceedings and work with leading French criminal defence lawyers to provide comprehensive representation at every stage.

Whether you are a French national sought by a foreign state, or a non-French national arrested in France on a foreign extradition request, Intercollegium’s specialist extradition lawyers provide expert guidance and hands-on representation. Our services include:

— Assessment of the extradition request and grounds for refusal
— Emergency representation if arrested
— Submissions to the Chambre de l’instruction
— Coordination with French criminal defence counsel
— Parallel Interpol Red Notice removal if a Red Notice is involved
— Appeal proceedings before the Cour de cassation