Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
It is inserted, in Book IV of the Code of Criminal Procedure, before Title I, which becomes Title Ibis and whose Article 627 becomes Article 627-21, a title I thus written:
« TITRE I
« DE LA COPÉRATION
WITH THE INTERNATIONAL COURT
"Art. 627. - For the application of the statute of the International Criminal Court signed on 18 July 1998, France participates in the repression of offences and cooperates with that jurisdiction under the conditions laid down in this title.
"The following provisions apply to any person prosecuted before the International Criminal Court or convicted by the International Criminal Court on the basis of acts that constitute, within the meaning of articles 6 to 8 and 25 of the statute, genocide, crimes against humanity or war crimes.
“Chapter I
“From judicial cooperation
“Section 1
"From mutual legal assistance
"Art. 627-1. - Assistance requests from the International Criminal Court are addressed to the competent authorities pursuant to article 87 of the Statute in original or in certified true copy together with any supporting documents.
"These documents are transmitted to the prosecutor of the Republic of Paris who gives them all useful action.
"In the event of an emergency, these documents may be transmitted directly and by any means to the judge. They are then transmitted in the forms provided for in the preceding paragraphs.
"Art. 627-2. - Requests for mutual assistance shall be carried out, as the case may be, by the prosecutor of the Republic or by the investigating judge of Paris acting on the entire national territory in the presence, if any, of the prosecutor near the International Criminal Court or his representative, or of any other person mentioned in the request of the International Criminal Court.
"The minutes issued pursuant to these requests are sent to the International Criminal Court by the competent authorities under Article 87 of the Statute.
"In the event of an emergency, certified verbatim copies may be sent directly and by any means to the International Criminal Court. Minutes are then transmitted in the forms provided for in the preceding paragraphs.
"Art. 627-3. - The execution in French territory of the provisional measures referred to in paragraph 1 (k) of Article 93 of the Statute is ordered, at the advanced costs of the Treasury and in the manner provided by the new Code of Civil Procedure, by the prosecutor of the Republic of Paris. The maximum duration of these measures is limited to two years. They may be renewed under the same conditions before the expiry of this period at the request of the International Criminal Court.
"The prosecutor of the Republic of Paris shall transmit to the competent authorities, pursuant to Article 87 of the Statute, any difficulties relating to the execution of such measures, so that the consultations provided for in Articles 93, paragraph 3, and 97 of the Statute may be conducted.
“Section 2
"From arrest and surrender
"Art. 627-4. - The requests for arrest for surrender granted by the International Criminal Court are sent, in original and accompanied by all supporting documents, to the competent authorities under Article 87 of the Statute which, after ascertaining their formal regularity, transmit them to the Attorney General near the Court of Appeal of Paris and, at the same time, enforce them throughout the territory of the Republic.
"In the event of an emergency, these requests may also be sent directly and by any means to the prosecutor of the territorially competent Republic. They are then transmitted in the forms provided for in the preceding paragraph.
"Art. 627-5. - Any person arrested under a request for arrest for surrender must be referred within 24 hours to the territorially competent prosecutor. The provisions of articles 63-1 to 63-5 of this Code shall be applicable to it within that period.
"After verifying the identity of this person, the magistrate informs him, in a language that he understands, that he is being subjected to an arrest for surrender and that he will appear, within a maximum of five days, before the Attorney General near the Court of Appeal in Paris. The Public Prosecutor also informs him that he may be assisted by a lawyer of his choice or, if not, by a lawyer appointed by the Bar Association, promptly informed and by any means. He also advises that she will be able to speak immediately with the designated lawyer.
" Mention of this information is made at the minutes, which is immediately transmitted to the Attorney General near the Paris Court of Appeal.
"The prosecutor of the Republic orders the incarceration of the person claimed at the arrest house.
"Art. 627-6. - The person claimed is transferred, if applicable, and terminated at the arrest house of the Paris Court of Appeal. The transfer must take place within a maximum period of five days from the date of its presentation to the public prosecutor, for failing which the person claimed is immediately released by a decision of the president of the board of inquiry of the Court of Appeal of Paris, unless the transfer has been delayed by insurmountable circumstances.
"The Attorney General at the same court shall notify him, in a language that he understands, of the request for arrest for surrender and of the charges against him.
"When the person claimed has already requested the assistance of a lawyer and the lawyer has been duly summoned, the Attorney General receives his statements.
"In other cases, the magistrate reminds him of his right to choose a lawyer or to request that he be appointed an ex officio. The chosen lawyer or, in the case of an application for an ex officio commission, the Bar Association is informed by any means and without delay. Counsel may immediately consult the file and communicate freely with the person claimed. The Attorney General receives statements from the Attorney General after warning her that she is free not to do so. Mention of this warning is made in the minutes.
"Art. 627-7. - The board of investigation is immediately seized of the procedure. The person claimed shall appear before him within eight days of his presentation to the Attorney General. On the request of the person or the person claimed, an additional eight days may be granted before the proceedings. An interrogation was then carried out, the report of which was prepared.
"The proceedings take place and the order is made in public hearing, unless the advertisement is likely to interfere with the proper conduct of the proceedings, the interests of a third party or the dignity of the person. In this case, the board of inquiry, at the request of the Public Prosecutor's Office, the person claimed or ex officio, shall rule by a decision rendered in the board's chamber that is liable to appeal in cassation only at the same time as the order relating to the surrender provided for in section 627-8.
"The Public Prosecutor's Office and the person claimed are heard, the latter is assisted, if any, by his lawyer and, if applicable, in the presence of an interpreter.
"Art. 627-8. - When the board finds that there is no obvious mistake, it orders the surrender of the person claimed and, if it is free, its incarceration for that purpose. Any other matter referred to the board of inquiry shall be referred to the International Criminal Court which shall give it the necessary action.
"The board of inquiry shall rule within fifteen days of the appearance before it of the person claimed. In case of appeal, the Criminal Chamber of the Court of Cassation shall rule within two months of receipt of the case to the Court of Cassation.
"Art. 627-9. - The release may be requested at any time at the Chamber of the instruction of the Court of Appeal of Paris, which shall proceed in accordance with Article 59 of the Statute and the procedure provided for in Articles 148-1 and following of this Code.
"The board of inquiry shall rule by a judgment rendered in public hearing and reasoned by reference to the provisions of article 59, paragraph 4.
"Art. 627-10. - The decision of the board of inquiry and, where applicable, the place and date of the surrender of the person claimed, as well as the duration of the detention suffered for such surrender, shall be brought to the attention of the International Criminal Court, by any means, by the competent authorities under article 87 of the statute.
"The person claimed shall be returned within one month of the day that the decision has become final, for failing which it is immediately released on the decision of the president of the board of inquiry, unless his surrender has been delayed by insurmountable circumstances.
"Art. 627-11. - The provisions of Articles 627-4 to 627-10 are also applicable if the person claimed is prosecuted or sentenced in France for other charges than those referred to in the International Criminal Court's application. However, the person detained under these conditions may not be released under 627-6, 627-9 and the second paragraph of 627-10.
"The procedure before the International Criminal Court suspends, in respect of that person, the limitation of public action and sentence.
"Art. 627-12. - The transit on French territory is authorized in accordance with Article 89 of the statute by the competent authorities under Article 87 of the Statute.
"Art. 627-13. - When the court requests the extension of the conditions of the surrender granted by the French authorities, the application shall be transmitted to the competent authorities under Article 87 of the statute, which shall communicate it, together with all supporting documents and any comments of the interested party, to the board of the instruction of the Court of Appeal of Paris.
"If, in the light of the documents considered and, where appropriate, explanations from the lawyer of the person concerned, the board of the investigation finds that there is no obvious error, it authorizes the extension requested.
"Art. 627-14. - A person who has been provisionally arrested under the conditions provided for in Article 92 of the Statute may, if consented to, be surrendered to the International Criminal Court before the competent authorities under Article 87 of the Statute have been seized with a formal request to surrender from the international jurisdiction.
"The decision to surrender is taken by the board of the instruction of the Court of Appeal of Paris after the Court of Appeal has informed the person concerned of his right to a formal procedure of surrender and has obtained his consent.
"In the course of his or her hearing by the investigating chamber, the person concerned may be assisted by a lawyer of his or her choice or, failing that, by an ex officio lawyer by the sticker and, if necessary, by an interpreter.
"A person who has been provisionally arrested under the conditions set out in Article 92 of the Statute and who has not consented to being surrendered to the Court may be released if the competent authorities under Article 87 of the Statute do not receive a formal request for surrender within the time limit prescribed by the Rules of Procedure and Evidence of that International Court.
"The release is decided by the board of the instruction on request submitted by the interested party. The board of inquiry shall rule within eight days of the appearance before it of the arrested person.
"Art. 627-15. - Any person detained in the territory of the Republic may, if consented to, be transferred to the International Criminal Court for the purpose of identifying or hearing or for the performance of any other act of instruction. The transfer is authorized by the Minister of Justice.
“Chapter II
"The execution of sentences and reparations imposed by the International Criminal Court
“Section 1
"The execution of fines and forfeiture
and compensation for victims
"Art. 627-16. - When requested by the International Criminal Court, the execution of fines and confiscations or decisions relating to reparations made by the Court of Correction of Paris, which is seized by the prosecutor of the Republic, is authorized to do so. The procedure before the Correctional Court is governed by the rules of this Code.
“The court is bound by the decision of the International Criminal Court, including with regard to provisions relating to the rights of third parties. However, in the case of enforcement of a forfeiture order, it may order all measures to recover the value of the product, property or assets ordered by the court forfeiture, when it appears that the forfeiture order cannot be enforced. The court hears the convicted person as well as any person with rights to property, if necessary by rogatory commission. These people can be represented by a lawyer.
"When the court finds that the enforcement of a forfeiture or reparation order would have the effect of harming a third party in good faith who cannot appeal the said order, the court shall inform the prosecutor of the Republic for the purpose of referring the matter to the International Criminal Court, which shall give it all useful action.
"Art. 627-17. - The enforcement authorization issued by the correctional court under the preceding article shall, according to the decision of the International Criminal Court, transfer the proceeds of fines and confiscated property or the proceeds of their sale to the court or fund for victims. Such property or sums may also be attributed to the victims, if the court has decided to do so and has appointed them.
"Any dispute concerning the allocation of the proceeds of fines, property or proceeds of their sale shall be referred to the International Criminal Court, which shall give it the necessary action.
“Section 2
"The execution of prison sentences
"Art. 627-18. - Where, pursuant to Article 103 of the Statute, the Government has agreed to receive a person sentenced by the International Criminal Court in the territory of the Republic to serve the sentence of imprisonment, the sentence imposed is directly and immediately enforceable as soon as the person is transferred to the national territory for the portion of the sentence remaining to be imposed.
" Subject to the provisions of the statute and this section, enforcement and enforcement of the sentence shall be governed by the provisions of this Code, with the exception of sections 713-1 to 713-7.
"Art. 627-19. - Upon arrival in the territory of the Republic, the person transferred shall be presented to the prosecutor of the Republic of the place of arrival, who shall carry out his interrogation of identity and shall prepare a report thereof. However, if the interrogation cannot be immediately conducted, the person is taken to the arrest house where he or she cannot be detained for more than 24 hours. Upon the expiry of this period, it shall be conducted ex officio to the public prosecutor by the head of the institution.
"In the light of the evidence that the agreement between the French Government and the International Criminal Court concerning the transfer of the person concerned, a certified copy of the conviction and a court notification of the date of commencement of execution of the sentence and the period remaining to be completed, the Public Prosecutor orders the immediate incarceration of the sentenced person.
"Art. 627-20. - If the convicted person files an application for an outside placement, a semi-liberty, a reduction of sentence, a splitting or a suspension of sentence, an electronic supervision or a conditional release, the application is addressed to the Attorney General near the Court of Appeal in the jurisdiction of which it is incarcerated to the Minister of Justice.
"The latter shall communicate the request to the International Criminal Court as soon as possible, with all relevant documents.
“The International Criminal Court decides whether or not the convicted person may benefit from the measure. When the court's decision is negative, the Government shall inform the court whether it agrees to keep the person convicted in the territory of the Republic or whether it intends to request the transfer to another State that it has designated. »
In sections 630 and 632 of the Code of Criminal Procedure, references to section 627 are replaced by references to section 627-21.
After Article 16 of Law No. 95-1 of 2 January 1995 on the adaptation of French legislation to the provisions of Security Council resolution 827 establishing an international tribunal for the purpose of judging those responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991, a chapter III is inserted as follows:
“Chapter III
"The execution of prison sentences
"Art. 16-1. - When pursuant to the agreement between the Government of the French Republic and the United Nations concerning the execution of the sentences imposed by the International Criminal Tribunal for the Former Yugoslavia, made in The Hague on 25 February 2000, France agreed to receive a person sentenced by the International Criminal Tribunal for the purpose of serving his sentence of imprisonment, the provisions of articles 627-18 to 627-20 of the Code of Criminal Procedure are applicable.
"The references to the International Criminal Court are then replaced by references to the International Tribunal for the Former Yugoslavia. Similarly, references to the articles of the statute of the International Criminal Court are replaced by references to the corresponding articles of the international instruments governing the International Criminal Court. »
I. - It is inserted, in Chapter XI of Title I of Book VI of the Code of Criminal Procedure, before Article 860, an article 859-1, as follows:
"Art. 859-1. - The period provided for in the first paragraph of Article 627-6 shall be extended to fifteen days when the transfer is made from New Caledonia, French Polynesia or Wallis and Futuna Islands. »
II. - It is inserted, in chapter VIII of title II of Book VI of the same code, before section 898, an article 897-1 as follows:
"Art. 897-1. - The period provided for in the first paragraph of Article 627-6 shall be extended to fifteen days when the transfer is made from Mayotte. »
III. - It is inserted, in chapter II of title III of Book VI of the same code, after article 907, an article 907-1 as follows:
"Art. 907-1. - The deadlines provided for in Article 130 and the first paragraph of Article 627-6 shall be extended to fifteen days when the transfer is made from the territorial community. »
This Act is applicable in New Caledonia, French Polynesia and Wallis and Futuna.
This law will be enforced as a law of the State.
Done in Paris, February 26, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
The Seal Guard, Minister of Justice,
Marylise Lebranchu
(1) Preparatory work: Act No. 2002-268.
Senate:
Proposal for Law No. 163 (2001-2002);
Report of Mr. Patrice Gélard on behalf of the Law Commission, No. 205 (2001-2002);
Discussion and adoption on 12 February 2002.
National Assembly:
Bill, passed by the Senate, No. 3592.
Report of Mr. Alain Vidalies, on behalf of the Law Commission, No. 3598;
Discussion and adoption on 12 February 2002.
