French Code of Criminal Procedure
In forceThe investigating chamber before which the requested person has appeared shall hear any request from the competent authorities of the issuing Member State to consent to prosecution or to the enforcement of a sentence or detention order imposed for offences other than those for which the person was surrendered and committed prior to the surrender.
The Investigating Chamber shall also have jurisdiction to rule, after the surrender of the requested person, on any request from the competent authorities of the issuing Member State to consent to the surrender of the requested person to another Member State with a view to prosecution or the enforcement of a custodial sentence or detention order for any act prior to the surrender and different from the offence which prompted the surrender.
In both cases, a record of the statements made by the person surrendered shall also be transmitted by the competent authorities of the issuing Member State and submitted to the investigating chamber. These statements may, where appropriate, be supplemented by observations made by a lawyer of the person's choice or, failing that, appointed by the President of the Bar Association.
The Investigating Chamber shall rule after ensuring that the request also includes the information provided for in Article 695-13 and having, where applicable, obtained guarantees with regard to the provisions of article 695-32, within thirty days of receipt of the request. This decision may be appealed to the Supreme Court, by the Public Prosecutor or by the person sought, under the conditions set out in Articles 568-1 and 574-2.
Consent is given when the conduct for which it is requested constitutes one of the offences referred to in Article 694-32, and falls within the scope of Article 695-12.
Consent is refused on one of the grounds referred to in articles 695-22 and 695-23 and may be for any of those mentioned in article 695-24.
