Extradition Lawyer in Bordeaux: Cour d'appel de Bordeaux and the Local Procedure
For an ordinary extradition request referred to Bordeaux, the judicial stage is handled by the chambre de l'instruction (investigating chamber) of the Cour d'appel de Bordeaux; the parquet général handles the prosecutorial stage. The first deadlines are 48 hours to appear before the territorially competent procureur général, then five or ten working days for the chamber appearance. A Red Notice alone does not identify the French procedure.
Which Bordeaux court and prosecutor handle the case?
For ordinary extradition, the chambre de l'instruction of the Cour d'appel de Bordeaux examines the request and issues the judicial opinion. The Ministry of Justice's map places Gironde, Dordogne and Charente within its appellate district. Article 696-10 makes the place of arrest decisive for territorial competence. In its decision of 9 September 2026, No. 25-88.255, the Cour de cassation held that if a provisional-arrest procedure ends with release because the formal papers did not arrive in time, a later arrest after the formal extradition request in another appellate district starts a new procedure before the prosecutor and chamber for that new place of arrest. Do not assume an earlier referral remains competent; confirm the place and date of the arrest connected with the formal request.
| Local institution | Role and practical point |
|---|---|
| Cour d'appel de Bordeaux — chambre de l'instruction | Hears the person and gives the judicial opinion; also hears specified detention and release applications. Its opinion is separate from the later executive decree. |
| Parquet général près la Cour d'appel de Bordeaux | Explains the request and records the person's position. The presentation time triggers the five- or ten-working-day hearing period. |
| Cour d'appel de Bordeaux, Place de la République, 33077 Bordeaux Cedex | Listed in the official Gironde directory; confirm registry arrangements before travelling or filing. |
| Centre pénitentiaire de Bordeaux-Gradignan, 36 rue Bourdillat, 33173 Gradignan Cedex | The complex includes a maison d'arrêt (remand prison), the facility type named in Article 696-11. Confirm actual placement before a visit. |
| Aéroport de Bordeaux-Mérignac | A possible local arrest location, not proof of the procedure used. Obtain the written basis for arrest. |
What should happen in the first 72 hours?
This is a practical action plan, not a separate statutory “72-hour rule”. Under Article 696-10, the key deadline is 48 hours from arrest to presentation before the territorially competent procureur général.
| When | Rule and immediate action |
|---|---|
| Immediately after arrest | Identify the measure: ordinary extradition, provisional arrest, a European arrest warrant (EAW), or another warrant. An INTERPOL Red Notice is an alert, not an arrest warrant. Obtain the arrest record and papers served. For provisional arrest, Article 696-24 normally requires the formal request within 30 days of arrest unless the applicable convention sets another period. |
| Within 48 hours | The person must be brought before the territorially competent procureur général, informed in a language they understand of the request and right to chosen or appointed counsel. Counsel may immediately consult the file and communicate freely with the person. |
| When the formal request is explained | The procureur général records consent or opposition and separately explains waiver of the speciality rule. These choices have different consequences. Ask counsel to explain both; if this is only a provisional arrest, confirm whether the formal-request stage has begun. |
| After presentation | The chamber appearance is due within five working days from the date of presentation to the procureur général if consent was declared, or within ten working days from that presentation if opposition was declared. Record the presentation date, request an interpreter if needed, and ask counsel how to file written arguments. |
Is this ordinary extradition or a European arrest warrant?
Ordinary extradition and surrender under a European arrest warrant (EAW) are different routes; the city of arrest or an INTERPOL alert does not identify which measure French authorities are using. Read the papers and, if they invoke an EAW, use the EAW guide; an INTERPOL Red Notice is an alert, not an arrest warrant.
Where may the person be held, and how can family access work?
Under Article 696-11, if the person is not left at liberty, the first president of the court of appeal or a designated magistrate orders écrou extraditionnel (extradition custody) at the remand prison at the court's seat. Bordeaux-Gradignan includes a maison d'arrêt, but counsel or the competent authority must confirm the actual location.
Visiting arrangements for a person under écrou extraditionnel may differ from ordinary pre-trial detention. Ask counsel, the prison and the responsible registry which authority handles the permit, whether each visitor needs a named authorization, what identification is required and how far in advance to apply. Confirm the actual prison before travelling; do not assume a general detention guide applies to extradition custody.
Gather the person's full identity details, arrest time and place, papers served, family contacts, and urgent health or interpretation needs. Keep copies and delivery dates; send originals only if counsel asks.
How can detention or restrictive conditions be challenged?
Article 696-19 allows a release application at any time. The chambre de l’instruction must decide within 20 days after receipt, or within 15 days if the application was filed within 48 hours after placement under extradition custody. Keep proof of both filing and receipt; an informal message may not establish either date.
In its decision of 17 June 2025, No. 25-82.352, the Cour de cassation held that Article 696-19 focuses on guarantees that the person will remain available to satisfy the requesting state’s request; ordinary remand criteria under Articles 137-3 and 144 are not automatically imported. Separately, a complaint about excessive duration must address the whole extradition process: the court must assess diligence and delays across judicial and administrative stages, not only the time before the chamber’s opinion. The Court rejected release on the facts of that case; it created no automatic time-based release rule.
Before the chamber appearance, if the first president or designated magistrate leaves the person at liberty under judicial control or electronic monitoring, Article 696-11 allows that decision to be challenged before the chamber, which must rule within five days. In its decision of 14 October 2025, No. 25-82.641, the Cour de cassation held that obligations under Articles 696-11 and 696-20 may be imposed only to secure the person’s availability for procedural acts serving the requesting state’s extradition request—not for a separate purpose such as treatment aimed at preventing reoffending. Article 696-20 allows the chamber to lift or modify those measures at any time; it must decide within 20 days after the chamber is seised.
A release application should address the person’s availability and all essential individual evidence. On 9 June 2026, No. 26-82.032, the Cour de cassation quashed a refusal because the chamber had not answered a material argument that detention was incompatible with the person’s health; the Court did not itself order release. Give counsel relevant medical evidence and ask that each key argument be expressly addressed. Detailed refusal grounds and remedies belong to How to stop extradition from France.
What happens at the hearing and after the chamber's opinion?
If the person opposes extradition, the chamber normally gives a reasoned opinion within one month of the appearance, unless it orders supplementary information. If the person consents, the appearance is due within five working days and the chamber records consent within seven days after the appearance, unless further information is ordered; that consent decision is not appealable. A final negative opinion prevents extradition, while a favourable opinion may be followed by a separate Prime Minister’s decree.
A pourvoi en cassation against the chamber’s opinion is limited to procedural defects that deprive it of the essential conditions of legal existence, not a rehearing on the merits. A challenge to the Prime Minister’s decree is a separate administrative route, normally subject to a one-month deadline from notification to the person, and does not automatically suspend implementation. Later changes in circumstances require separate advice. For refusal grounds and remedies in depth, see How to stop extradition from France.
What should the family or foreign lawyer prepare?
- All arrest records, notices, provisional-arrest, EAW or extradition papers, with service dates and times.
- Exact arrest and presentation times.
- Identity, nationality, residence information and alternate spellings used by the requesting state.
- Contact details for French counsel and any foreign lawyer.
- For release, verifiable details showing reliable attendance and availability: address, identity documents, family or employment contacts, and a realistic proposal for lawful reporting or residence conditions.
- For a visit, the confirmed prison location, visitor details and permit route.
- Translation needs and urgent medical or communication requirements.
A hypothetical Bordeaux example
Hypothetically, a Georgian national is stopped at Bordeaux-Mérignac after an alert from a non-EU state. Counsel should identify the actual legal basis, record the 48-hour deadline and obtain the papers. If detained, verify placement at Bordeaux-Gradignan and the visitor-permit route. For refusal grounds, see How to stop extradition; for nationwide procedure, see Extradition from France.
The cited Code provisions are scheduled to be repealed from 1 January 2029 under Ordinance No. 2025-1091; see the France guide for the national transition.
The team's role is to coordinate cross-border defence with local counsel. To discuss a case, use the consultation request page.
Frequently asked questions
Does an arrest at Bordeaux-Mérignac mean the Bordeaux court must decide?
Not by itself. The place of arrest matters, but the applicable measure and territorial competence must be confirmed from the record. The Bordeaux appellate district covers Gironde, Dordogne and Charente.
Can the family visit someone held under extradition custody straight away?
Do not assume so. Confirm the actual prison, then ask the lawyer which magistrate handles the permit request. Rules for ordinary pre-trial detention may not apply to extradition custody, so confirm the required permit and documents before travelling.
Can the Cour de cassation reconsider the whole extradition case?
No. A pourvoi en cassation against the chambre de l'instruction opinion is limited to qualifying procedural defects. A challenge to the Prime Minister's decree follows a separate administrative route and has its own one-month deadline.
Sources
- French Code of Criminal Procedure: ordinary extradition procedure, Articles 696-8 to 696-24-1.
- Ministry of Justice: map of the Bordeaux appellate district, January 2026.
- CDAD Gironde: official court directory and Bordeaux-Gradignan prison information.
- Bordeaux-Mérignac Airport: official operator information.
- INTERPOL: About Red Notices.
- Cour de cassation, Criminal Chamber, 17 June 2025, No. 25-82.352.
- Cour de cassation, Criminal Chamber, 14 October 2025, No. 25-82.641.
- Cour de cassation, Criminal Chamber, 9 June 2026, No. 26-82.032.
- Cour de cassation, Criminal Chamber, 9 September 2026, No. 25-88.255.