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Home | French Legislation Articles | French Code of Criminal Procedure | Legislative part | Book V: Enforcement procedures | Title II: Detention | Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union | Section 3: Provisions relating to the enforcement on French territory of sentences handed down by the courts of other Member States of the European Union | Paragraph 3: Decision on recognition and enforcement and enforcement and appeals. | Article 728-47 of the French Code of Criminal Procedure

French Code of Criminal Procedure
- Legislative part
  - Book V: Enforcement procedures
    - Title II: Detention
      - Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
        Section 3: Provisions relating to the enforcement on French territory of sentences handed down by the courts of other Member States of the European Union
        Paragraph 3: Decision on recognition and enforcement and enforcement and appeals.

Article 728-47 of the French Code of Criminal Procedure

Article 728-47 of the French Code of Criminal Procedure

November 7, 2023
6:55 am

Within five days of the matter being referred to him, the president of the judicial court or the judge delegated by him shall decide, in the light of the documents communicated to him, whether to homologate the adaptation proposal formulated by the public prosecutor.

Reasons must be given for any order refusing approval.

Original in French 🇫🇷

Article 728-47

Dans les cinq jours de sa saisine, le président du tribunal judiciaire ou le juge délégué par lui décide, au vu des pièces qui lui ont été communiquées, s’il y a lieu d’homologuer la proposition d’adaptation formulée par le procureur de la République.

L’ordonnance par laquelle il refuse l’homologation est motivée.

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