DE: CXK/007/MEG/JPB
b) This analysis is also applicable to the statement whereby "two of the remaining alleged offences (no 5 and 9) do not constitute offences in French Law".
The question whether a given behaviour is a criminal offence under French
law is of the exclusive jurisdiction of the criminal courts. The rule is no less than a fundamental principle recognised by the laws of the Republic.
Thus, even supposing that the assessment of the "Chambre d'accusation" on
this issue may be discussed, it is not possible for the government to substitute its own assessment. The error seens manifest in this respect as well. Indeed, Mr. Sanisan himself had not considered that the favourable advice of the "Chambre d'accusation" was disputable in this respect, and he did not submit any argument of that type to the Criminal Chamber of the "Cour de cassation" whan
he lodged a recourse."
All these reasons, and the prejudice that a refusal to extradite would cause, prompt the requesting State to request the French government to proceed with a new axamination of the decision taken, and to authorise the extradition.
If such reexamination was the source of hesitation, and if it was then appropriate to consider alternative solutions, the requesting State has asked me to indicate that, to the extent of the possibilities that are reasonably open, it would see no objections.
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