When the trial court postpones sentencing pursuant to article 132-63 of the Penal Code, the accused is placed under the supervision of the sentence enforcement judge in whose jurisdiction he or she resides. The sentence enforcement judge will ensure that the measure is carried out, either by himself or by any qualified person. The provisions of article 741 are applicable to the supervision exercised over the accused.
The sentence enforcement judge may adjust, modify or remove the specific obligations imposed on the accused or provide for new ones pursuant to the provisions of article 712-8.
If the accused fails to comply with the supervision and assistance measures or special obligations, the sentence enforcement judge may refer the matter to the court before the expiry of the probation period for a ruling on the sentence.
When the sentence enforcement judge applies the provisions of article 712-17, it may decide, by reasoned order, made on the application of the public prosecutor, that the convicted person will be temporarily incarcerated in the nearest prison. The matter is referred to the criminal court as soon as possible to decide on the sentence. The case must be scheduled for hearing within five days of the sentenced person’s committal, failing which the person concerned will be released automatically.