Question 2357 — foreign policy

Summary

The question concerns the situation of Mr. Sébastien RAOULT, a French national who traveled to Morocco, and is the subject of an extradition request to this State from the United States of America, for cybercrime offenses that he is suspected of having committed against American legal entities. The Minister of Justice is asked to intervene so that he is extradited to France so that he can be tried in the respect for fundamental rights. On the merits, Mr. RAOULT is the subject of legal action initiated by the American authorities as part of an investigation carried out by the American FBI against a group of cybercriminals whose modus operandi appears to have consisted of the creation of ghost websites, usurping the appearance of real sites (with false portals requesting logins and passwords), so as to gain access to illegally to victims' electronic data in order to resell them online on the Darknet. The arrest warrant issued against Mr. Sébastien RAOULT by an American judge targets acts of cybercrime to the detriment of American legal entities or individuals based on the qualifications of criminal association with a view to committing fraud by means of an attack on an automated processing system, association of criminals with a view to committing an attack on an automated processing system and aggravated identity theft. France is not a party to the extradition procedure between the United States of America and Morocco initiated on the basis of this arrest warrant. These two States are sovereign States and the French authorities cannot interfere in this extradition process. Therefore, the extradition of Mr. RAOULT to France cannot in no case be initiated by the Ministry of Justice on its own initiative: the initiation of an extradition process with regard to Mr. RAOULT for offenses likely to be held against him on national territory is subject to the issuance of an arrest warrant issued by a French court as part of a judicial investigation which would target reprehensible behavior with the required level of charge. Furthermore, all Individual instruction from the Minister of Justice to the French courts for the prosecution of this or that citizen is prohibited. Through its diplomatic and consular network, the French Government, however, remains attentive to the conditions of incarceration and the treatment reserved for its nationals. In the event of extradition to the United States of America, the situation of Mr. RAOULT will continue to be closely monitored. narrow in order to ensure that all of his rights are preserved within the framework of his judicial treatment.

Machine translation from French. The official text remains authoritative.

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