Israel and France are closely tied by family, business and travel, and many people hold both nationalities. When criminal proceedings open in one of the two countries, the first question is almost always where the case will be heard. Will France extradite to Israel, will Israel extradite to France, and what does French nationality change in all of this? This page explains how extradition between the two countries works, what is different when the requested person is a French national, and how we handle cases of this kind.
Representation in criminal proceedings between France and Israel
I have practised criminal law and extradition since 1998, and I serve as Chairman of the Extradition and International Crime Committee of the Israel Bar Association. When proceedings take place before a court in France, we work together with local French counsel. Our firm manages the strategy, the relationship with the client and the Israeli side of the case, and local counsel appears in court.
An extradition case from France to Israel handled by our firm
We represented a client who was arrested in France on an Israeli extradition request, on suspicion of having obtained more than NIS 2 million from clients by fraud. For more than a year we conducted the opposition to extradition in France, and the French court approved extradition for only some of the offences. As a result, an amended indictment for lesser offences was filed in Israel. We eventually reached a plea agreement, and the court decided, contrary to the prosecution’s request, not to return her to prison after one year and four months in detention in France.
The case illustrates a point that recurs in extradition proceedings. What is decided in the extraditing state, for example the offences for which extradition is permitted, sets the limits of the trial that later takes place in the requesting state.
How extradition between Israel and France works
The European Convention on Extradition
Israel and France are both parties to the European Convention on Extradition of 1957. Israel acceded to it in 1967, and it is the basis for extradition between the two countries. The European Arrest Warrant, which allows rapid surrender between EU Member States, does not apply to Israel, so requests between Israel and France go through ordinary extradition proceedings, and those take time.
France does not extradite its own nationals
Under Article 696-4 of the French Code of Criminal Procedure, France does not extradite a person who was a French national at the time of the offence. For dual nationals this makes a large difference: if Israel requests their extradition from France, the request can be expected to fail. That is not the end of the matter, however, because France can itself prosecute a French national for offences committed abroad, and the case then simply moves to a French court. On the other hand, a person who is in Israel and also holds French nationality is not protected from extradition from Israel to France, and the proceedings will be conducted in Israel under the Extradition Law, 5714-1954. For a dual national, where he or she is when the case opens can therefore decide which country hears it.
What happens in France after an arrest
In France an extradition request is examined first by a court, and only afterwards is the final decision taken at government level. At the judicial stage it is possible to argue against extradition, to apply for conditional release and to narrow the offences for which extradition is approved, as we did in the case described above.
Extradition from Israel to France
When France seeks the extradition of a person who is in Israel, the petition is filed with the Jerusalem District Court. The court examines whether there is prima facie evidence, whether the conduct is an offence in both countries and whether one of the statutory exceptions applies. Its decision can be appealed to the Supreme Court, and the final decision on surrender rests with the Minister of Justice. An Israeli citizen who was resident in Israel at the time of the offence is extradited only on condition that he or she is returned to serve any prison sentence imposed in Israel. More general information is available on our page on extradition to and from Israel.
What our representation covers
- Urgent review of the arrest warrant, the INTERPOL notice or the extradition request
- One strategy for Israel and France, including the question of where it is better for the case to be heard
- Joint work with a French criminal defence lawyer before the court in France
- Handling detention, conditional release and bans on leaving Israel
- Representation on the extradition petition in Jerusalem and on appeal to the Supreme Court
- Managing the case in Israel after extradition, including a plea agreement and credit for the period of detention abroad
Why early action matters
In a case that crosses between France and Israel, the decisions on where to stand trial, whether to contest extradition and what to say when questioned affect both countries at once. Travelling through a third country or giving an account without advice can change the picture. If you learn of an investigation, a warrant or an extradition request connected with France, our firm can be reached 24/7 on +972-3-6969080.
Frequently asked questions
Does France extradite its own nationals to Israel?
No. Under Article 696-4 of the French Code of Criminal Procedure, France does not extradite a person who was a French national at the time of the offence. Instead, France can prosecute that person itself.
I am an Israeli and French national and I am in Israel. Does that protect me from extradition to France?
No. French nationality does not prevent extradition from Israel. The proceedings will be heard by the Jerusalem District Court, and an Israeli citizen and resident is extradited on condition of being returned to serve any prison sentence in Israel.
Does the European Arrest Warrant apply to Israel?
No. The European Arrest Warrant operates only between EU Member States. Between Israel and France the European Convention on Extradition applies, and the process takes longer.
Can the offences for which a person is extradited be narrowed?
Yes. The court in the extraditing state can approve extradition for only some of the offences, and that limits the trial that follows. This is what happened in an extradition case from France handled by our firm.
Who represents me before a court in France?
Local French counsel. We manage the strategy and the Israeli side of the case and work together with them.
Official legal sources
- Article 696-4 of the French Code of Criminal Procedure, Légifrance
- European Convention on Extradition, 1957
This page provides general information and is not a substitute for legal advice based on the facts of a particular case. A Hebrew version of this page is available at עורך דין פלילי בצרפת.
