Summary Application of the art. 52-55 of the Constitution.
Keywords foreign and European Affairs, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Switzerland, simplified PROCEDURE, EXTRADITION, European CONVENTION of EXTRADITION, formality, SIMPLIFICATION, application of EXTRADITION, consent, simplified EXTRADITION, waiver, profit, principle of the speciality, time, person claimed JORF n ° 0232 4 October 2008 page 15308 text no. 7 Decree No. 2008-1018 of October 2, 2008, on the publication of the agreement between the Government of the French Republic and the Swiss federal Council concerning the procedure simplified extradition, and supplementing the Convention European extradition December 13, 1957, signed at Berne on 10 February 2003 (1) NOR: MAEJ0822598D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/10/2/MAEJ0822598D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2008/10/2/2008-1018/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of foreign and European Affairs, having regard to articles 52 to 55 of the Constitution;
Having regard to law No 2005 - 13 October 2005 1275 authorizing approval of the agreement between the Government of the French Republic and the Swiss federal Council concerning the simplified extradition procedure and supplementing the European Convention on extradition of 13 December 1957;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by France;
Mindful of Decree No. 86-736 dated 14 May 1986 on the publication of the European Convention on extradition, done at Paris on 13 December 1957, enacts as follows: Article 1 the agreement between the Government of the French Republic and the Swiss federal Council concerning the simplified extradition procedure and supplementing the European Convention on extradition of 13 December 1957, signed at Berne on 10 February 2003 will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of foreign and European Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex A C C O R D between the Government of the Republic French and the Council FEDERAL Switzerland relative to the PROCEDURE simplified of EXTRADITION and supplementing the CONVENTION European of EXTRADITION of 13 December 1957 the Government of the French Republic and the Swiss federal Council, recognizing the importance of extradition in the field of judicial cooperation in criminal matters;
Noting that, in a large number of extradition proceedings, the person subject to the request does oppose not surrender;
Whereas it is desirable to reduce to a minimum, in such cases, the time required for extradition and any period of detention for extradition purposes;
Eager to simplify the application of the European Convention of extradition of 13 December 1957, hereinafter referred to as 'the Convention' in relations between the two States, and supplement the provisions thereof, have agreed to the following: Article 1 Obligation to restore the two States undertake to recover the procedure simplified as provided by this agreement, the persons sought for extradition purposes subject to the consent of these persons and the agreement of the requested State, given in accordance with this agreement.
Article 2 Conditions of remission 1. Under article 1, any person having been the subject of a request for provisional arrest under article 16 of the Convention is provided in accordance with articles 3 to 10 of this agreement.
2. the surrender referred to in paragraph 1 is not subject to the presentation of a request for extradition and the documents required by article 12 of the Convention.
Article 3 information to communicate for the purposes of the information of the person arrested for the application of articles 4 and 6, as well as the competent authority referred to in article 5, paragraph 2, of this agreement, the following information, to communicate by the requesting State, are considered to be sufficient: a) the identity of the person sought;
b) the authority requesting the arrest;
(c) the existence of a warrant of arrest or of an act having the same effect or of an enforceable judgment as well as the date of issuance of this document;
d) the nature and legal classification of the offence;
e) description of the facts for which extradition is requested and possibly their consequences, as well as the date and place of commission of the offence.
Article 4 Information of the person when a person sought for the purpose of extradition is arrested on the territory of the other State, the competent authority shall inform him, in accordance with its domestic law, of the application which is the subject as well as the possibility offered to agree to surrender to the State requesting simplified procedure.
Section 5 consent and agreement 1. The consent of the arrested person is given in accordance with articles 4 and 6.
2. the competent authority of the requested State gives its agreement according to its national procedures.
Article 6 collection of consent 1. The consent of the arrested person and, if applicable, his express renunciation of entitlement to the benefit of the speciality rule be given before the competent judicial authorities of the requested State, in accordance with the internal law of it.
2. the two States adopt the necessary measures to have the consent and, where appropriate, the waiver referred to in paragraph 1 are collected under conditions which the person has expressed them voluntarily, after having been informed of the legal consequences of such a declaration. To this end, the arrested person has the right to counsel.
3. the consent and, where appropriate, the waiver referred to in paragraph 1 is contained in a report, according to the procedure laid down by the domestic law of the requested State.
Article 7 Communication of consent 1. The requested State shall immediately communicate to the State requesting the consent of the person as well as, where appropriate, its waiver of the benefit of the rule of speciality. To allow this State to submit, where appropriate, a request for extradition, the requested State advised, no later than ten days after the provisional arrest, whether or not the person has given his consent. A subsequent consent is possible under the conditions laid down in article 11 of this agreement.
2. the communication referred to in paragraph 1 is carried out directly between the competent authorities.
Article 8 renunciation to the speciality rule benefit the rules of article 14 of the Convention shall not apply where the person who consented to the simplified extradition expressly waives the benefit of the rule of speciality.
Article 9 Communication of the extradition decision by way of derogation from the rules laid down in article 18, paragraph 1, of the Convention, the communication of the decision of extradition taken in application of the simplified procedure, as well as information about this procedure is carried out without delay and at the latest within twenty days of the date of the consent of the person, directly between the competent authorities.
Article 10 delivery time 1. The surrender of the person occurs no later than within twenty days of the date on which the extradition decision was communicated under the conditions laid down in article 9.
2. at the expiry of the period provided for in paragraph 1, if the person is detained, it is released on the territory of the requested State.
3. in case of force majeure preventing the surrender of the person within the period provided for in paragraph 1, the competent authority of the requested State shall inform the competent authority of the requesting State. They agree among themselves to a new surrender date. In this case, takes place at the latest within twenty days of the new date thus agreed. If the person in question is still held at the expiry of this period, she is released.
4. paragraphs 1, 2 and 3 of this article shall not apply where the requested State wishes to make use of article 19 of the Convention.
Article 11 consent given after the expiry of the period provided for in article 7 or in other circumstances 1. When the person has given his consent after the expiration of the ten day period provided for in article 7, the requested State: ― is implementing the simplified procedure as provided for by this agreement if a request for extradition within the meaning of article 12 of the Convention is not yet reached.
― may use this simplified procedure if a request for extradition within the meaning of article 12 of the Convention is received in the meantime.
2. where no request for provisional arrest has been made, and in cases where consent was given after receipt of an extradition request, the requested State may resort to the simplified procedure as provided for by this agreement.
Article 12 authorities competent each State shall designate by a declaration, which shall be notified by Exchange of diplomatic notes, no later than at the entry into force of this agreement, the competent authorities responsible for its application.
Article 13 Consequences of denunciation of the Convention in the event of denunciation of the Convention by one of the two States, the denunciation shall take effect between the two States on the expiry of a period of two years from the date of receipt of its notification by the Secretary-General of the Council of Europe.
Article 14 entry into force

1. each of the two States shall notify to the other the completion of the procedures required by its Constitution for the entry into force of this agreement.
2. this Agreement shall enter into force on the first day of the second month following the date of receipt of the later of these notifications.
Article 15 denunciation each of the two States may terminate this agreement at any time by sending to the other, through diplomatic channels, written notice of termination. The denunciation shall take effect six months after the date of receipt of this notification.
In witness whereof, the representatives of the two Governments, being duly authorized thereto, have signed this agreement.
Done in French in Bern, February 10, 2003 in duplicate.
For the Government of the French Republic: Dominique Perben, keeper of the seals, Minister of justice for the Council federal Switzerland: Ruth Metzler-Arnold, head of the federal Department of justice and police made in Paris, October 2, 2008.
Nicolas Sarkozy by the President of the Republic: the Prime Minister, François Fillon Minister of Foreign Affairs and European, Bernard Kouchner (1) this agreement entered into force on 1 January 2006.