International cases & arrest warrants

Defence of persons subject to arrest warrants: +33 1 87 66 00 48

The firm regularly works alongside persons subject to national, European, and international arrest warrants (Interpol Red Notice). Mr. Charles Bruguière defends his clients' interests before the French courts and coordinates the defence with lawyers in the requesting country.

The complexity of extradition procedures and the European Arrest Warrant requires sharp technical command of international law, European law, and French criminal procedure. Mr. Bruguière places this expertise at his clients' service to obtain the best possible outcome.

The European Arrest Warrant (EAW)

The European Arrest Warrant is a simplified judicial and police procedure that allows the judicial authority of the issuing member state to have a person present in another member state surrendered to be tried or to serve their sentence.

A warrant issued by a judicial authority of an EU member country is valid throughout the European Union. The principle of mutual recognition of judicial decisions applies: each member state must execute the warrant as if it had been issued by its own authorities.

Conditions for issuing the EAW

In general, the European Arrest Warrant is applicable in the following cases:

• A final conviction to a prison sentence or detention order of a minimum duration of four months
• An offence for which a prison sentence or detention order of at least one year is provided

The European Arrest Warrant replaces traditional extradition procedures between EU member states, offering a faster and more efficient mechanism.

Rights of the arrested person

Any person arrested on the basis of the warrant must be informed of the content of the warrant against them and may be assisted by a lawyer and, if needed, by an interpreter. These rights are guaranteed by Directive 2013/48/EU on the right of access to a lawyer.

In the event of a judgment in absentia of a person later arrested on the basis of a European Arrest Warrant, that person must be retried in the country requesting their return. Mr. Bruguière asserts this right to obtain a new fair trial.

Defence grounds against the EAW

A country may refuse to execute the European warrant in the following cases:

• The rules of criminal procedure are not respected in the issuing country
• There is a risk of violation of fundamental rights (torture, death penalty)
• The offence is not punishable in the executing country (dual criminality)
• The person is a minor and their best interest so requires
• The statute of limitations has run in the executing country
• The person has already been tried for the same facts (non bis in idem)

Mr. Bruguière deploys all available defence grounds to obtain refusal of extradition or guarantees on the conditions of the trial in the requesting country.

The international arrest warrant (Interpol Red Notice)

The international arrest warrant is a form of judicial cooperation between states that allows the search, interception, and extradition of a person present on the soil of one state who is wanted by another.

The Interpol Red Notice is a request for international cooperation to locate and provisionally arrest a person with a view to extradition, surrender, or any other judicial procedure. It is issued by an Interpol member country to the other member countries.

Extradition procedure in France

Once arrested on the basis of the international arrest warrant, the person may be extradited to the country issuing the warrant. In France, the extradition procedure is conducted by the General Prosecutor of the Court of Appeal, under the supervision of the Investigation Chamber, which issues an opinion on whether extradition should be granted.

Pending the extradition hearing, a first debate is held before the Investigation Chamber to decide whether the person should be placed under judicial supervision or in pretrial detention. Mr. Bruguière prepares this hearing to obtain release or the least restrictive obligations.

Challenging the Interpol Red Notice

It is possible to request the deletion of an Interpol Red Notice before the Commission for the Control of Interpol's Files (CCF). The firm prepares a detailed file demonstrating:

• Irregularities in the notice (lack of legal basis, erroneous information)
• The political nature of the extradition request (Article 3 of the Interpol Constitution)
• Violations of fundamental rights in the requesting country
• The risk of torture or inhuman and degrading treatment
• The absence of dual criminality

This procedure may take several months but often makes it possible to avoid arrest during international travel.

International mutual legal assistance

Beyond arrest warrants, the firm intervenes in international mutual legal assistance procedures: international letters rogatory, transfer of proceedings, execution of foreign criminal decisions, transfer of sentenced persons. Mr. Bruguière coordinates the defence with lawyers in the foreign country and ensures compliance with the procedures.

Our approach to international defence

The intervention of a specialised lawyer is essential to ensure compliance with French criminal procedure and the admissibility conditions of the request that may defeat extradition. Mr. Bruguière:

• Assists the client from the time of arrest and throughout police custody
• Prepares hearings before the Investigation Chamber
• Deploys all available defence grounds against extradition
• Negotiates with the General Prosecutor and the authorities of the requesting country
• Coordinates the defence with lawyers in the foreign country
• Prepares cassation appeals and applications before the ECHR
• Requests the deletion of the Interpol Red Notice

Related areas: judicial investigation · pretrial detention · general criminal law.