French Code of Criminal Procedure
In forceA sentencing decision handed down by a French court or a court of a Member State may be transmitted, as the case may be, by the competent French authority for the purposes of recognition and enforcement in the enforcing State or to that authority for the purposes of recognition and enforcement in France if the sentenced person is on French territory or that of the other Member State and in the following cases:
1° The sentenced person is a national of the executing State and has his habitual residence in the territory of that State or, where France is the executing State, is a French national;
2° The sentenced person is a national of the executing State or, where France is the executing State, is a French national and is subject, by virtue of the sentencing decision or any other judicial or administrative decision, to a removal order to the territory of the State of which he or she is a national, applicable upon his or her release ;
3° The sentenced person, regardless of nationality, and the competent authority of the enforcing State or, where France is the enforcing State, the competent French authority consent to the enforcement of the sentencing decision that is the subject of the transfer.
In the case provided for in 3°, the consent of the sentenced person is not required where he or she has taken refuge in the territory of the executing State or, where France is the executing State, in French territory or has returned there as a result of his or her sentence or the investigations and prosecutions leading to it.
In the case provided for in 3° and where France is the enforcing State, the competent authority may only consent to the enforcement of the sentence on French territory where the sentenced person has been lawfully and continuously resident there for at least five years.
