The presidential decree on the extradition agreement between Algeria and France is published on the Official Gazette

The presidential decree which includes the ratification of the extradition agreement between Algeria and France was published in the latest issue of the Official Gazette.

The decree stipulates that “it ratifies the extradition agreement between the government of the People’s Democratic Republic of Algeria and the government of the French Republic signed in Algeria on January 27, 2019.”

The first article stipulates: “The two parties undertake to hand over to each other, according to the rules and conditions specified in this agreement, persons who are under prosecution or sentenced by their competent judicial authorities”.

The second article stipulates that the crimes requiring extradition are those “punishable by virtue of the laws of each of the parties, with a custodial penalty of no less than a year or with a more severe prison sentence.”

And if “the request for extradition is submitted for the purpose of applying a custodial penalty, the remaining period of the punishment must not be less than six (6) months.”

It is not permissible – according to the same article – “to refuse the extradition only on the basis that the request relates to a crime described by the party requested to extradite as a fiscal crime or only on the basis that the legislation of the party requested to extradite does not provide for the same type of fees and taxes or does not include the same type of regulations related to fees and taxes, customs and exchange as the legislation of the requesting party.

The second article adds that “if the extradition request includes several separate crimes, each of which is punished according to the legislation of the two parties and some of them do not meet the other conditions stipulated in this article, extradition may be accepted for these last crimes, provided that at least one crime for which the person has been arrested requires extradition.

Regarding the extradition of citizens, the third article stipulates that “Extradition shall not be granted if the requested person holds the nationality of the requested party. The person’s nationality is determined on the date of committing the acts for which the extradition was requested. If the requested party refuses to extradite one of its citizens, it must, upon the request of the requesting party, submit the case to the competent authorities for judicial prosecution when necessary.

In this case – the same article adds – “the requesting party shall send through the diplomatic channel a prosecution request attached to the files and relevant documents and tools related to the crime in its possession. The requesting party is informed of the money allocated for his request.

As for the fourth article, it deals with the compulsory reasons for refusing to extradite, whereby the extradition is refused “if the requested party considers that the crime for which extradition is requested is a political crime or that it is linked to a political crime.

The decree also defines a set of procedures, including “optional reasons for refusing the extradition, as well as requests for extradition and required documents, in addition to seizing and handing over items or documents, delayed or temporary delivery, protection of personal data and re-extradition to another country.”

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