Conseil d'Etat, 2 SS, du 26 mai 1997, 181833, inédit au recueil Lebon
Date | 26 mai 1997 |
Judgement Number | 181833 |
Record Number | CETATEXT000007956405 |
Court | Council of State (France) |
Vu la requête enregistrée le 14 août 1996 au secrétariat du Contentieux du Conseil d'Etat, présentée par X... Maria DI ROCCO, demeurant 24 bis Moyenne Corniche à Cap d'Ail (06320) ; Mme DI ROCCO demande au Conseil d'Etat d'annuler le décret du 31 mai 1996 accordant son extradition aux autorités monégasques ;
Vu les autres pièces du dossier ;
Vu la loi du 10 mars 1927 ;
Vu la convention d'extradition franco-monégasque du 11 mai 1992 ;
Vu l'ordonnance n° 45-1708 du 31 juillet 1945, le décret n° 53-934 du 30 septembre 1953 et la loi n° 87-1127 du 31 décembre 1987 ;
Après avoir entendu en audience publique :
- le rapport de M. Errera, Conseiller d'Etat,
- les conclusions de M. Abraham, Commissaire du gouvernement ;
Considérant qu'aux termes de l'article 5-5 de la convention d'extradition francomonégasque du 11 mai 1992 : "L'extradition ne sera pas accordée ...5 lorsque la prescription del'action publique ou de la peine est acquise d'après la législation de l'Etat requérant ou de l'Etat requis" ; que l'extradition de la requérante a été accordée aux autorités monégasques par le décret attaqué en réponse à une demande...
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