Expertise

We intervene in all areas of criminal law with a special expertise in emergency defense, deploying reactive teams that can respond very quickly throughout Île-de-France for custody, court appearances, or judge presentations.

We offer same-day appointments for urgent cases and maintain a telephone hotline for any inquiries.

Eligibility Conditions

1. The defendant must be a foreigner convicted to a custodial sentence.
2. They must be subject to a measure prohibiting residence in France, an obligation to leave the territory, expulsion, or extradition.
3. The defendant must have served at least half of their sentence, including any reduction credits.
4. They must demonstrate good behavior during detention.
5. The defendant must prove their situation abroad.

Filing the Request

1. The sentencing judge has a period of 4 months from filing to examine the request.
2. The judge conducts an inquiry and may seek the prosecutor’s opinion regarding the defendant's post-release residence.

Examination of the Request

1. The judge organizes a contradictory debate within 4 months.
2. During the debate, the defendant and/or their lawyer present their observations.
3. If both the defendant and the prosecutor agree, the judge may grant conditional release without debate.

Contradictory Debate

1. After the debate, the judge issues a reasoned judgment granting or denying conditional release.
2. If granted, the release is subject to the execution of a measure to remove the defendant from the territory.

Judge Decision

1. The defendant will be handed over to the authorities of their country.
2. They will no longer be under French judicial authority.
3. The defendant will either be subject to the penal system of their country or released.

It is important to note that this procedure can be decided without the defendant's consent. In case of refusal, the defendant may appeal the decision.

An Interpol Red Notice is an international mechanism used to request the provisional location and arrest of individuals for extradition purposes, issued at the request of a member state.

This mechanism can have significant consequences for personal freedom, freedom of movement, and public reputation.

Contrary to popular belief, a Red Notice is not an international arrest warrant: it creates no direct legal obligation for member states, yet it can still result in arbitrary arrests, border restrictions, or banking limitations.

Our firm’s intervention:

• Identifying the legal basis of the notice: verifying the existence of an enforceable arrest warrant issued by a competent judicial authority in the requesting state.

• Analyzing compliance of the notice with Interpol’s regulations, specifically:

- The prohibition of notices of a political, military, racial, or religious nature (Article 3 of Interpol’s Constitution);

- The respect for fundamental rights guaranteed by the Universal Declaration of Human Rights (Article 2 of the Constitution);

- Proportionality and relevance of the facts justifying the notice.

• Drafting a request for the removal of the notice submitted to the Commission for the Control of Interpol's Files (CCF), an independent authority responsible for reviewing the lawfulness of notices.

• Preparation of a well-documented file, including supporting evidence, demonstrating specifically:

- The abusive, political, or discriminatory nature of the underlying criminal proceedings;

- Violations of international fair-trial standards or the rights of defense;

- The tangible and disproportionate impact of the notice on the individual involved.

Practical and litigation issues:

• A Red Notice can be removed even if criminal proceedings are ongoing in the requesting state, provided it is deemed incompatible with Interpol’s internal rules.

• The CCF procedure is written, confidential, and unilateral: the requesting state is not necessarily informed, allowing for discreet and preventive action.

• The involvement of a lawyer experienced in international police cooperation is essential to ensuring respect for fundamental rights within this non-judicial yet binding framework.

Our firm designs and manages requests for the removal of Red Notices before Interpol’s Commission for the Control of Files, utilizing an approach based on international legality, litigation strategy, and coordination with national and foreign judicial authorities.

Being targeted by an arrest warrant—whether European or international—requires a swift and technically sound response. These procedures demand a criminal defense that masters both domestic law and judicial cooperation frameworks, whether European or extraterritorial.

Examples of our firm’s interventions:

• Challenging arrest warrants before the investigative chamber: absence of dual criminality, statute of limitations;

• Highlighting risks of fundamental rights violations in the requesting state (detention conditions, unfair trials, etc.);

• Legal analysis of warrants issued by foreign judicial authorities: formal irregularities or lack of legal basis;

• Opposition to extradition in cases involving international arrest warrants transmitted via diplomatic channels;

• Obstructing surrender procedures due to lack of dual criminality or prescription;

• Verification of Interpol warrants’ compliance (request for removal submitted to the Commission for the Control of Files);

• Assistance during arrests in France based on foreign warrants;

• Coordination with foreign lawyers to ensure a coherent defense strategy at the European or international level.

Each case requires a tailored approach, focused on the formal legality of the warrant, compliance with procedural safeguards, and the consequences of inter-state transfers.

Our firm supports you throughout surrender procedures, contests unjustified warrants, and mobilizes appropriate remedies to protect your liberties.

Our firm leverages its expertise to defend and support clients involved in cybercrime cases, a field involving complex legal issues.

We accompany individuals and businesses at every stage of criminal procedures related to digital offenses:

- Online scams and computer fraud (phishing, identity theft, cryptocurrency scams, online embezzlement);

- Attacks against automated data processing systems (hacking, illegal intrusion into computer systems, ransomware, distribution of malicious software);

- Offenses involving personal data (fraudulent collection and exploitation of sensitive information, GDPR violations, illegal resale of databases);

- Cyber harassment and harm to reputation (online defamation and insults, revenge porn, threats on social networks);

- Illegal online content (promotion of terrorism, distribution of child pornography, hate speech).

With extensive experience in these areas, we provide rigorous and tailored defense strategies adapted to these specific issues.

In criminal procedure, any violation of legally prescribed forms or any infringement of defense rights can lead to the nullification of the irregular act.

The criminal defense lawyer identifies, analyzes, and raises irregularities affecting procedural validity to obtain partial or total annulment, ensuring compliance with the principles of a fair trial.

Examples of procedural nullities that can be raised:

• Incomplete or delayed notification of rights during police custody, notably regarding the right to silence, legal assistance, or informing a third party (Articles 63-1 to 63-4-2 CPP);

• Interviewing suspects or assisted witnesses without their lawyer, violating Articles 63-4 or 113-3 CPP;

• Prosecutorial requisitions or investigative judge decisions lacking adequate justification or issued out of time (e.g., judicial control or searches – Articles 137, 56, and 76 CPP);

• Searches conducted outside legal hours, without explicit consent, or by unauthorized officials, violating Articles 59, 60 et seq. CPP;

• Seizure of computer data without respecting legal capture, sorting, or restitution protocols (Articles 56-1 to 57-1 CPP);

• Summonses before the Criminal Court issued in breach of procedural formalities (Article 550 CPP), especially regarding police-issued summons (COPJ);

• Violations of adversarial proceedings during judicial investigations, notably the omission of prior communication of essential acts (Article 81 et seq. CPP);

• Non-compliance with impartiality principles, especially confusion of investigation, prosecution, and judgment functions (e.g., improper appointment of the investigating judge – Article 6 §1 ECHR).

When to act?

• During judicial investigation, through nullity petitions before the investigative chamber;

• Before the Criminal Court, through preliminary nullity objections raised at the outset of the trial.

Raising procedural nullities is not a delaying tactic: it is about enforcing fundamental fair trial guarantees. Sometimes, it’s the only way to obtain an acquittal or dismissal of charges.

Our firm stands by you to analyze each procedural element and, if necessary, deploy the most effective nullity arguments.

A rigorous criminal defense begins with mastering the details.

The TAJ (Processing of Criminal Records) is a computerized police record maintained by the police and gendarmerie, listing suspects, victims, and certain extrajudicial information. It can significantly impact professional life, freedom of movement, and access to certain jobs or public contracts.

Unlike criminal records, inclusion in the TAJ can occur even without conviction, including dropped charges or acquittal.

Lawyer’s intervention:

Our firm handles requests to erase TAJ entries, adopting both procedural and strategic approaches:

• Accessing and verifying file contents via CNIL or directly from the Interior Ministry (under certain conditions).

• Analyzing the legality and proportionality of the record, notably regarding lack of clear legal basis, obsolete or inaccurate information, or disproportionate impact on privacy or professional interests.

• Drafting and submitting erasure requests to the competent prosecutor (Articles 230-8 and R. 40-31 CPP).

• In case of refusal or inactivity, referring the matter to the investigative chamber’s president.

• Arguing at hearings to demonstrate unjustified or excessive record-keeping.

Legal and practical implications:

• A TAJ entry can hinder:

- Employment in public service or regulated professions;

- Obtaining professional accreditation, weapon permits, or visas;

- Applications for naturalization or residence permits.

• Recent case law emphasizes proportionality, the right to be forgotten, and the file’s purpose.

• The right to erasure depends on legality and appropriateness checks, considering the seriousness, age of facts, and subsequent behavior of the individual.

Our firm supports clients in TAJ erasure procedures, whether contentious or amicable, by leveraging arguments rooted in fundamental rights, privacy protection, and the intended use of the file.

Foreign nationals incarcerated in France can, under certain conditions, request release subject to immediate deportation from French territory. This mechanism, provided by the Code of Criminal Procedure, offers an alternative to detention based on the voluntary agreement of the detainee to leave the country.

Requesting conditional release and deportation requires coordination between criminal law, immigration law, and rules governing sentence execution. It demands strategic preparation, rigorous documentation, and anticipation of administrative steps linked to deportation.

Our firm’s intervention:

Our firm assists at each step of the process:

• Assessing the appropriateness of conditional release and deportation, based on the inmate's criminal, immigration, and family status;

• Drafting a justified request with necessary supporting documents, submitted to the judge responsible for sentence enforcement or the relevant court;

• Demonstrating the genuine and voluntary nature of departure, supported by guarantees of return, accommodation, or reintegration in the destination country;

• Coordination with penitentiary administration, prefectural services, and consular authorities to ensure rapid and effective execution of deportation measures;

• Assistance during hearings and follow-up on decision implementation, including potential detention in waiting zones or immediate transfer.

Legal and practical issues:

• This procedure shortens detention while ensuring deportation execution;

• It requires detainees to accept their deportation and to be subject to immediate removal upon release;

• Our firm ensures the measure is proportionate, legally sound, and correctly executed without arbitrary detention or unjustified delays.

Our firm supports incarcerated foreign nationals through conditional release and deportation procedures, providing responsive, structured defense strategies aimed at rapidly implementing the deportation measure.