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Admissibility and validity of an exception of nullity against an international arrest warrant issued by France

By a judgement of 11 January 2017, the French Cour de cassation(the Supreme Court of the judicial order), has ruled that a French investigating judge cannot issue a warrant of arrest against someone who lives abroad but is not on the run ; the person who is the object of such arrest warrant, extradited and tried by the French criminal court, can challenge the legality of such arrest warrant; the court must assess whether the arrest warrant was necessary and proportionate in light of the circumstances of the case.


Cf. Cour de cassation, criminelle, Chambre criminelle, 11 janvier 2017, 16-80.619, Publié au bulletin

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