Strauss-Kahn's application for bail has been denied at least until a Friday hearing. http://www.msnbc.msn.com/id/43043502/ns/us_news-crime_and_courts/
If France really doesn't extradite its nationals (as the article claims), should he be held without bail until his trial? What are the chances he'd appear to face the charges if he was released on bail?
Originally posted by no1marauderIf my google skills are up to par, then this is a part of the extradition treaty in effect between France and the USA
Strauss-Kahn's application for bail has been denied at least until a Friday hearing. http://www.msnbc.msn.com/id/43043502/ns/us_news-crime_and_courts/
If France really doesn't extradite its nationals (as the article claims), should he be held without bail until his trial? What are the chances he'd appear to face the charges if he was released on bail?
http://internationalextraditionblog.com/2011/04/27/france-extradition-treaty-with-the-united-states/
"ARTICLE V
Neither of the contracting Parties shall be bound to deliver up its own citizens or subjects under the stipulations of this convention. "
So they are not bound to do so, but does this mean they actually can't ? Is it possible that while not bound by treaty to do so, France and the USA do extradite their own citizens ? And then of course, if they can, do they ? I haven't found answers to these questions.
Originally posted by BartsThere is some suggestion that it is against French law to extradite their own citizens, but I'd like to know if that is for sure. For example, in the Polanski case, the French refused to extradite him, but offered instead to conduct a trial in France based on the US charges -- which the US then declined to pursue.
If my google skills are up to par, then this is a part of the extradition treaty in effect between France and the USA
http://internationalextraditionblog.com/2011/04/27/france-extradition-treaty-with-the-united-states/
"ARTICLE V
Neither of the contracting Parties shall be bound to deliver up its own citizens or subjects under the stipulations of this ...[text shortened]... ens ? And then of course, if they can, do they ? I haven't found answers to these questions.
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Originally posted by spruce112358Every source I've read on Polanski says something like:
There is some suggestion that it is against French law to extradite their own citizens, but I'd like to know if that is for sure. For example, in the Polanski case, the French refused to extradite him, but offered instead to conduct a trial in France based on the US charges -- which the US then declined to pursue.
There, his French citizenship ensures him protection – France does not allow its own citizens to be extradited to the US.
http://www.guardian.co.uk/film/2009/sep/29/law-catch-roman-polanski
As I understand it, the French Extradition Law of 1927 mandates that French nationals cannot be extradited. A trial in France on the foreign charges is allowed but not mandatory.
Should the judge allow bail under these circumstances? A lot of those accused of serious sex crimes in the US sit in jail until their trial, why would it be so bad if this guy did given that he is an obvious flight risk?
Originally posted by no1marauder
Apparently the French are "outraged": http://www.msnbc.msn.com/id/43059753/ns/world_news-europe/t/french-outraged-us-treatment-imf-chief/
Former Culture Minister Jack Lang described the treatment of the Socialist presidential frontrunner -- whose political career is now in tatters -- as a "lynching" that had "provoked horror and aroused disgust."
Boo Hoo
:'(:'(:'(
I would suggest that Mr. Lang Google the work "lynching." Being handcuffed and photographed is not quite a "lynching."
Lost in translation, perhaps?