The person appears before the liberty and custody judge assisted, if necessary, by his or her lawyer. The hearing is held in public, unless publicity would be detrimental to the smooth running of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the liberty and custody judge, at the request of the public prosecutor, the person’s lawyer or on his or her own initiative, will give a ruling in chambers.
The liberty and custody judge makes his decision after hearing the public prosecutor, the convicted person and his lawyer. If, having received requests for imprisonment or house arrest with electronic surveillance, he decides not to grant them, he may subject the person to one or more of the obligations provided for in Article 138.