The expert opinion provided for in article 723-31 may not be ordered if the convicted person’s individual file contains an expert report dating back less than two years, ordered where applicable when an application for conditional release was made, and which concludes that the convicted person is dangerous and from which it emerges that there is a risk of reoffending that appears to be proven.
However, in the case of a person convicted of offences committed before 14 December 2005, he or she may request a second opinion before the sentence enforcement court rules on the prosecution’s request. This counter-expertise, which is then automatic, is ordered by the enforcement court, unless it has previously been ordered by the public prosecutor.