Transfer of sentenced person to another State

French Republic

France - Criminal Procedure Code 1959 (2006) EN

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT

CHAPTER II
THE EXECUTION OF SENTENCES AND COMPENSATION IN FAVOUR OF VICTIMS

SECTION II
THE EXECUTION OF PRISON SENTENCES

Article 627-20
If the convicted person lodges a request for external placement, or for partial liberty, reduction in his sentence, for his sentence to be suspended or to be served in parts, for placement under electronic surveillance or for release on parole, his request is sent to the public prosecutor at the appeal court for the area where the convicted person is imprisoned. The district prosecutor sends this request on to the Minister of Justice.
The latter sends the request to the International Criminal Court as soon as possible, together with all the relevant documents.
The International Criminal Court decides if the convicted person may or may not benefit from the considered measure. Where the Court's decision is negative, the government indicates to the court whether it agrees to keep the convicted person on French territory or if it intends to request his transfer to another State appointed by the court.

Rome Statute

Article 104 Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.