Extradition Lawyer in Rouen: Cour d'appel de Rouen and the Local Procedure

Which court covers Rouen and Le Havre?

The Cour d’appel de Rouen is the relevant court. Territorial tables place Évreux in Eure and Dieppe, Le Havre and Rouen in Seine-Maritime within its structure. The prosecutor general and first president (or designated judge) handle initial presentation and custody; the chambre de l’instruction examines the request.

The Court of Cassation’s 2010 Rouen-linked decision confirms that the local chambre de l’instruction has handled extradition proceedings. Verify the actual hearing venue and any local duty-lawyer arrangements with counsel or the responsible prosecutor’s office. For extradition requests concerning terrorist acts, Article 696-24-1 gives specified Paris authorities concurrent competence for the functions listed in Articles 696-9, 696-10 and 696-23. It does not justify assuming that every stage automatically moves to Paris; counsel should verify the competent authority for the particular step.

The Ministry of Justice directory has a dedicated entry for the chambre de l’instruction of the Cour d’appel de Rouen and lists +33 2 35 52 87 52 and +33 2 35 52 87 53. Its address field appears inconsistent, so call to confirm the current hearing venue, filing desk and access arrangements before travelling. Do not rely on that address field; a telephone call also does not replace formal filing.

What happens after an arrest?

Article 696-10 requires a person apprehended following a formal extradition request to be brought before the territorially competent prosecutor general within 48 hours. The request must be explained in a language the person understands; they must be advised of the right to a chosen or appointed lawyer, who gets prompt file access and confidential communication. An interpreter is required where needed, and the person’s position on consent is recorded.

The 48-hour clock does not automatically apply to provisional arrest: in a 2010 Rouen-linked judgment, the Court of Cassation held Article 696-10 did not govern provisional arrest under Article 696-23. Check the arrest record, formal-request receipt date and applicable treaty.

Which first-hearing deadlines apply?

For the ordinary extradition route, Articles 696-13 to 696-15 set the following clocks. A request for additional information can affect the chamber’s decision deadline.

An EAW is a separate EU surrender procedure under Articles 695-11 and following; do not apply the ordinary-extradition timetable to it automatically. Article 16(4) of the 1957 European Convention’s provisional-arrest rule applies only where that Convention governs the request; a bilateral treaty or another instrument may provide a different rule. Identify the requesting state and confirm which instrument governs before calculating the clock.

The first 72 hours: practical steps, not a separate legal deadline

First establish which clock is running and preserve the arrest record.

Where may the person be held, and how can family reach them?

Article 696-11 directs a person placed in extradition custody after notification of the request to the maison d’arrêt at the court-of-appeal seat. The Ministry lists the Maison d’arrêt de Rouen at 169 boulevard de l’Europe, 76000 Rouen. Verify the person’s current location before sending papers or arranging a visit, as transfers or another legal basis may change it.

The Ministry says a visit permit for a person held pending proceedings is requested from the judge responsible for the case; ask counsel to confirm the authority for this extradition procedure. The Ministry directory lists the Maison d’arrêt de Rouen’s general telephone as +33 2 32 18 01 00; call to confirm the person’s current placement and the visit arrangements before travelling. Le Havre’s port area lies within the Rouen court structure. If an arrest occurs there, establish whether the legal basis is an EAW, a formal extradition request or provisional arrest, and confirm the responsible prosecutor general and actual custody location; do not assume a fixed transfer route.

Why provisional arrest changes the clock

Provisional arrest is an interim measure while full papers are awaited; it is not a formal-request arrest or an EAW. In the published Rouen-linked judgment of 12 May 2010, Criminal Chamber, no. 10-81.249, the Court of Cassation held that Article 696-10’s 48-hour rule did not apply to provisional arrest under Article 696-23. The judgment noted that the formal papers in that particular case had arrived within the 40-day period relied on under the 1957 Convention; it should not be read as establishing one universal provisional-arrest deadline for every treaty.

Article 696-24 of the Code provides release after 30 days if the French government has not received the required documents, but the Code’s general rule gives way where an applicable convention provides otherwise. Under Article 16(4) of the 1957 European Convention on Extradition, provisional arrest may be terminated if the extradition request and Article 12 documents have not arrived within 18 days; it must not, in any event, exceed 40 days where that Convention applies. The Court of Cassation’s Rouen-linked judgment of 12 May 2010 records that the papers arrived within the Convention’s 40-day maximum in that case. The 18-day point is an option to seek termination, not automatic release; the 40-day limit applies only if that Convention governs. Obtain the provisional-arrest request, the formal extradition request and proof of when French authorities received the papers. Counsel must identify the applicable treaty and calculate from the exact dates; do not assume that the domestic 30-day rule overrides a treaty or promise automatic release.

Which challenge goes to Rouen, and which goes elsewhere?

A first-president or designated-judge decision placing the person in extradition custody can be challenged before the chambre de l’instruction, which must rule within five days (Article 696-11). A release request can be made at any time; Article 696-19 requires a decision within 20 days, or 15 days if the request was made within 48 hours after placement in extradition custody.

A pourvoi en cassation against the chamber’s reasoned opinion is not a full appeal on guilt. Article 696-15 describes narrow review for formal defects affecting the opinion’s legal existence. A challenge to the Prime Minister’s extradition decree is separate and belongs before the Conseil d’État, not the Rouen chamber. For detailed remedies, see France extradition remedies and deadlines; the national procedure is covered in the guide to extradition from France.

What should the family or foreign lawyer prepare now?

• Passport name, date of birth, nationality and identity documents.
• Arrest record, exact time and place, stated legal instrument and all papers from the prosecutor general.
• Foreign warrant or judgment, alleged facts, offence label and supplied translations.
• Prior decisions, proof of finality, earlier detention dates and documents relevant to limitation periods or identity.
• For release: verified address, housing evidence, family or work ties, relevant medical documents and a compliance plan.
• Languages understood and urgent needs for an interpreter, medication, accessibility or consular contact.

Hypothetical example: a Georgian national is arrested in Le Havre’s port area after police mention an alert connected with Georgia. If Georgia is the requesting state, the European Arrest Warrant is not the applicable mechanism because Georgia is not an EU Member State. The family must still establish whether French authorities are acting on a formal extradition request or a provisional-arrest request: an alert alone does not establish which legal procedure has begun, and the 48-hour clock should not be assumed to run from the alert. Obtain the arrest record, establish when formal papers reached French authorities and which treaty applies, and confirm whether the person was presented to the Rouen prosecutor general.

Lex Agency coordinates cross-border defence with local counsel. To discuss the documents and next procedural step, use the consultation request page.