Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them Articles 52 to 55 of the Constitution ;
Vu la Act No. 2008-131 of 13 February 2008 authorizing the approval of the extradition agreement between the Government of the French Republic and the Government of the Republic of Korea;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The extradition agreement between the Government of the French Republic and the Government of the Republic of Korea, signed in Paris on 6 June 2006, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N D E X T R A D I T I O N
OF THE FRENCH REPUBLIC
AND GOVERNMENT OF THE REPUBLIC OF KOREA
The Government of the French Republic and the Government of the Republic of Korea (hereinafter referred to as "the Parties")
Desiring to establish more effective cooperation between their two countries with a view to the prevention and suppression of crime and to facilitate relations between the two countries with regard to extradition through the conclusion of a convention on the extradition of offenders,
agreed on the following provisions:
Article 1
Obligation to extradite
Each Party undertakes to surrender to the other Party, upon request and in accordance with the provisions of this Convention, any person who, located in the territory of the requested Party, is required in the requesting Party to be prosecuted, tried or executed a sentence for an offence giving rise to extradition.
Article 2
Extradition offences
1. For the purposes of this Convention, the offences punishable by the laws of both Parties shall be extradited on the date of application, a penalty of deprivation of liberty of at least two (2) years or a more severe penalty.
2. If the extradition request concerns a person sentenced to a custodial sentence by a court of the requesting Party for an offence giving rise to extradition, extradition shall be granted only if the length of the remaining sentence to be served is at least six (6) months.
3. For the purposes of this Article, to determine whether an offence is punishable by the laws of both Parties, it is not taken into account that:
(a) the laws of the Parties classify or not the acts or omissions constituting the offence in the same category of offences or designate the offence in identical terms;
(b) the constituent elements of the offence are, or are not, the same in the laws of the Parties, provided that all acts or omissions, as presented by the requesting Party, will be taken into consideration.
4. Where extradition is requested for an offence to taxation, customs, exchange control or other tax matters, the extradition may not be refused on the grounds that the legislation of the requested Party does not impose the same type of taxes or duties or does not provide for rules similar to those of the legislation of the requesting Party in respect of taxes, duties, customs duties or exchange control.
5. If the extradition request applies to a number of separate offences each punishable by the laws of the two Parties but some of which do not meet the other conditions set out in paragraphs 1 and 2 of this article, extradition may be granted provided that the person is extradited for at least one offence giving rise to extradition.
Article 3
Mandatory grounds for refusal of extradition
Extradition is not granted under this Convention in any of the following cases:
(a) if the requested Party considers that the offence for which extradition is requested is a political offence or an offence related to a political offence. The reference to a political offence is not to:
(i) a life-threatening attack or a life-threatening attack against the person of a head of state or government or a member of his family; or
(ii) an offence for which the Parties are obliged, under a multilateral international agreement to which they are both parties, to establish their jurisdiction or to grant extradition.
(b) where the person claimed has been the subject of a final judgment on the territory of the Party required for the offence for which the extradition is requested;
(c) if the prosecution or conviction is prescribed under the law of the requested Party;
(d) if the requested Party has serious reasons to believe that the extradition request has been submitted with a view to prosecuting or punishing the person claimed for reasons of race, religion, nationality, sex or political opinion or that the situation of that person may be aggravated for either of these reasons;
(e) if the offence for which extradition is requested is a military offence that does not constitute a criminal offence of common law;
(f) where the person claimed would be prosecuted or tried in the territory of the requesting Party by an exceptional court or when the extradition is requested for the execution of a sentence imposed by such a tribunal.
Article 4
Capital punishment
1. If the offence for which the extradition is requested is punishable by the law of the requesting Party and the penalty is not provided for in the legislation of the requested Party, the requesting Party may refuse the extradition unless the requesting Party gives the assurance that the death penalty will not be imposed or, if pronounced, that it will not be executed.
2. In cases where, in accordance with this article, the requesting Party shall provide such assurance, the death penalty, if imposed by the courts of the requesting Party, shall not be carried out.
Article 5
Optional grounds for refusal of extradition
Extradition may be denied under this Convention in any of the following cases:
(a) where the offence for which extradition is requested is considered in accordance with the law of the requested Party as having been committed in whole or in part in its territory;
(b) if the offence for which extradition is requested has been committed outside the territory of the requesting Party and the legislation of the requested Party does not provide for rules of jurisdiction for such an offence committed in comparable circumstances outside its territory;
(c) if proceedings are ongoing in the requested Party against the person claimed for the offence for which extradition is sought;
(d) if the competent authorities of the requested Party have decided not to prosecute or terminate the proceedings against the person claimed for the offence for which the extradition is requested;
(e) if the person claimed has been the subject of a final judgment of conviction or acquittal in a third State for the offence for which his extradition is sought and, in the case of a conviction, if the penalty imposed has been fully executed or is no longer enforceable;
(f) if the surrender of the claimed person is likely to have an exceptional severity, particularly because of his or her age or state of health.
Article 6
Extradition of nationals
1. None of the Parties are required to extradite their nationals under this Convention.
2. If the extradition is denied solely on the basis of the nationality of the person claimed, the requested Party shall, at the request of the requesting Party, submit the case to its competent authorities with a view to carrying out judicial proceedings.
3. Nationality is determined on the date on which the offence for which extradition is requested was committed.
Article 7
Request for extradition and required documents
1. The request for extradition must be made in writing and transmitted through diplomatic channels.
2. The extradition request must in all cases be accompanied by:
(a) documents, statements or other types of information that describe the identity of the person claimed, including, where possible, his or her report, photograph, fingerprints, nationality, and likely location;
(b) a statement of the facts concerning the case, including the time and place of the commission of the offence, and the chronology of the proceedings;
(c) the text of the legal provisions describing the essential elements of the offence and its qualification; and
(d) the text of the legal provisions providing for penalties for the offence.
3. If the extradition request concerns a person claimed for prosecution, it must also be accompanied by:
(a) a copy of the arrest or filing warrant issued by a judge or other competent judicial authority of the requesting Party;
(b) information to establish that the person claimed is the person to whom the arrest or filing warrant refers; and
(c) a statement of acts or omissions retained as the offence.
4. Where a person is claimed because he has been convicted of the offence for which the extradition is requested, the extradition request must also be accompanied by:
(a) a copy of the judgment delivered by a court of the requesting Party referring to the conviction and sentence, its enforceability and the length of the remaining sentence to be served;
(b) a copy of the arrest warrant or statement indicating that the person is liable to detention on the basis of the conviction;
(c) information to establish that the person claimed is the convicted person; and
(d) a statement of acts or omissions constituting the offence for which the person was convicted.
5. All documents submitted by the requesting Party under this Convention shall be accompanied by a translation into the official language of the requested Party or in a language accepted by the requested Party.
6. The extradition request and all accompanying documents, as well as the documents and other documents provided in response to this request, do not require certification or authentication, provided that they are transmitted through diplomatic channels or directly between the departments of justice.
Article 8
Provisional arrest
1. In the event of an emergency, either Party may request the provisional arrest of the person claimed pending the transmission of the extradition request. The request for provisional arrest may be transmitted through diplomatic channels or made directly between the Ministry of Justice of the French Republic and the Ministry of Justice of the Republic of Korea.
2. The request for provisional arrest is made in writing or by any other means that may leave a written record and contains:
(a) the notification of the person claimed, including information concerning his nationality;
(b) an indication of the place, if known, where the person claimed is;
(c) a brief statement of the facts, including, as precisely as possible, the time and place of the commission of the offence;
(d) a description of the breached laws;
(e) a statement confirming the existence of an arrest or filing warrant or the conviction of the person claimed; and
(f) a statement indicating that an application for the extradition of the claimed person will be filed.
3. The requesting Party shall be informed without delay of the follow-up to its application and the reasons for any refusal.
4. Under this Convention, a person who has been subjected to a provisional arrest will be released on the expiry of a period of forty-five (45) days from the date of the provisional arrest, if the requested Party has not been seized of the official extradition request with the documents referred to in Article 7 of this Convention.
5. The release of the person claimed pursuant to paragraph 4 of this section does not constitute an obstacle to a further arrest and extradition of the person if the extradition request and the required documents become subsequently.
Article 9
Additional information
1. If the requested Party considers that the information provided in support of an extradition request is insufficient under this Convention to permit the extradition to be granted, it may request by setting a reasonable time limit that additional information be provided to it. This additional information may be requested or provided through diplomatic channels or directly between the ministries of justice.
2. If the person whose extradition is requested has been arrested and the additional information provided is insufficient under this Convention or is not within the prescribed time limit, the person may be released. This release does not prevent the requesting Party from submitting a new extradition request.
3. When the person is released in accordance with the provisions of paragraph 2 of this article, the requested Party shall inform the requesting Party as soon as possible.
Article 10
Contest of queries
1. If the extradition of the same person is requested by two or more States, including the other Party, either for the same offence or for different offences, the requested Party shall determine to which of these States the person shall be extradited and shall inform the other Party of its decision.
2. To determine which State the person must be extradited, the requested Party shall take into account all relevant factors, including:
(a) the nationality and habitual place of residence of the person claimed;
(b) whether or not applications were submitted under a convention;
(c) the time and place of the commission of the offence;
(d) the interests of each of the requesting States;
(e) the gravity of the offences;
(f) the nationality of the victim;
(g) the possibility that extradition may be made subsequently between requesting States;
(h) the possibility of extradition to a third State; and
(i) the respective dates of the applications.
Article 11
Decision on application
1. The requested Party shall rule on the extradition request in accordance with the procedures provided for in its own legislation and promptly notify the requesting Party of its decision through diplomatic channels.
2. Any complete or partial rejection of the extradition request is motivated.
Article 12
Return of person
1. The requested Party shall forward the person claimed to the competent authorities of the requesting Party to a place in the territory of the requested Party and to a date acceptable to both Parties.
2. The requesting Party shall be informed of the length of detention suffered by the person claimed for extradition.
3. In accordance with the provisions of the first paragraph of this article, the requesting Party shall transfer the person claimed outside the territory of the requested Party within thirty (30) days of the date agreed upon for surrender. If the person has not been transferred upon the expiry of this period, the requested Party may release the person and refuse to extradite the person for the same offence.
4. In case of force majeure preventing the surrender or transfer of the person to be extradited, the Party concerned shall inform the other Party and, in such case, the provisions of paragraph 3 of this article shall not apply. Both Parties shall decide on a new date of delivery or receipt in accordance with the provisions of this Article.
Article 13
Adjournment or conditional
l. If proceedings are pending against the person claimed or if the person is serving a sentence in the requested Party for an offence other than that for which the extradition is requested, the requested Party may, after deciding on the extradition request, adjourn the surrender of that person until the prosecution or until the partial or total execution of the sentence imposed. The requesting Party is informed of this adjournment.
2. Instead of adjourning the surrender, the requested Party may, if permitted by its legislation, temporarily hand over to the requesting Party the person sought for prosecution under conditions to be determined between the Parties. A person remitted to the requested Party following a temporary handover may be permanently surrendered, in accordance with the provisions of this Convention, to the requesting Party for the purpose of carrying out a penalty imposed.
Article 14
Remittances
1. To the extent permitted by the law of the requested Party and subject to the rights of third parties, which shall be duly respected, all property derived from the offence or which may serve as evidence found in the territory of the requested Party, may, if the requesting Party so requests, be surrendered to it if the extradition is granted.
2. Subject to the provisions of the first paragraph of this article, the property referred to above may be handed over to the requesting Party, upon its request, even in the case where extradition may not take place as a result of the death, disappearance or escape of the claimed person.
3. The requested Party may temporarily postpone the surrender of the property referred to in the first paragraph of this article if necessary for criminal proceedings in other cases, until such proceedings are completed.
4. If the law of the requested Party or the protection of the rights of third parties so require, all such property shall be returned to the requested Party at no cost if the requested Party so requests.
Article 15
Speciality rule
1. The person extradited under the provisions of this Convention shall not be prosecuted, tried or detained in the requesting Party for any offence prior to the surrender, other than that which has caused the extradition, or subject to any other restriction of his liberty, except in the following cases:
(a) where the requested Party consents. The request for such consent shall be submitted by the requesting Party and accompanied by the documents provided for in Article 7 and by a judicial record indicating any statements made by the extradited person regarding the offence concerned;
(b) when the extradited person has returned voluntarily to the territory of the requesting Party after leaving it; or
(c) where the extradited person did not leave the territory of the requesting Party within forty-five (45) days after the date on which he or she had the opportunity to do so.
2. The person extradited under this Convention may not be repudiated by the requesting Party to a third State for an offence prior to the surrender of that person unless the requested Party gives its consent.
3. If the qualification of the facts for which the person has been extradited has been subject to an amendment during the proceedings under the law of the requesting Party or if the person is prosecuted for qualified facts differently, that person will be prosecuted or convicted only if the newly-qualified offence:
(a) is based on the same facts as those referred to in the extradition request and in supporting documents; and
(b) shall be punished with a maximum penalty equal to or less than that provided for the offence for which it was extradited.
Article 16
Notification of results
At the request of the requested Party, the requesting Party shall inform the requesting Party of the results of the criminal proceedings against the extradited person, the execution of the sentence or its extradition to a third State.
Article 17
Transit
1. The transit of a person extradited by a third State to one of the Parties through the territory of the other Party may be granted by the other Party, to the extent that its legislation permits, upon written request submitted by the diplomatic channel or made directly between the Ministry of Justice of the French Republic and the Ministry of Justice of the Republic of Korea. The application must include the person in transit, including his or her nationality, and a brief statement of the facts of the case. A person in transit may be held in custody during the transit period.
2. Transit is not permitted where the transit Party has reason to believe that the offence concerned is political or purely military in nature, in accordance with Article 3 of this Convention, or that the life or freedom of the extradited person may be threatened by reason of his race, religion, nationality or political opinion.
3. The transit of a national of the requested transit Party may be refused.
4. No transit authorization is required when the airway is used and no landing is scheduled in the territory of the transit Party. In the case of a fortuitous landing on the territory of that Party, the Party may request the other Party to submit the transit request referred to in the first paragraph of this article. The transit Party shall keep in custody the person in transit until the transit is made, provided that the request is received within ninety-six (96) hours of the successful landing.
5. The transit authorization includes the authorization for escort officials to obtain assistance from the authorities of the transit Party to maintain the person in custody.
6. Where a person is detained under paragraph 5 of this article, the Party on whose territory the person is detained may order his release if the transfer does not continue within a reasonable period of time.
Article 18
Fees
1. The requested Party shall bear the costs of any proceedings in its territory following an extradition request.
2. The requested Party shall pay its expenses in its territory for the arrest and detention of the person whose extradition is requested or for the seizure and surrender of property.
3. The requesting Party shall pay the costs incurred to transfer the extradited person outside the territory of the requested Party, including transit costs.
Article 19
Consultations
1. The Parties shall consult, at the request of one of them, on the interpretation and application of this Convention.
2. The Ministry of Justice of the French Republic and the Ministry of Justice of the Republic of Korea may consult directly on the course of the procedure for specific cases and the means to promote the application and improvement of the procedures for the implementation of this Convention.
Rule 20
Entry into force and denunciation
1. Each Party shall notify the other Party of the fulfilment of the constitutional procedures required for the ratification of this Convention. This Convention shall enter into force on the first day of the second month following the date of receipt of the last notification.
2. This Convention shall apply to any application made after the date of its entry into force, even if the offences concerned have been committed earlier.
3. Each Party may at any time denounce this Convention by diplomatic means by a written notification. The denunciation shall take effect six (6) months after the date on which the notification is made.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Convention.
Done in Paris on 6 June 2006, in two copies, in French and Korean languages, both texts being equally authentic.
For the Government
of the French Republic:
François Barry Delongchamps
Director of the French
abroad
and foreigners in France,
Ministry of Foreign Affairs
For the Government
of the Republic of Korea:
Ju Chup-Ki
Ambassador
Republic of Korea
Done in Paris, 9 June 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
