Book V: Enforcement procedures

As the public prosecutor’s office is responsible for the enforcement of all criminal sentences handed down by the criminal courts, a file or register known as the “Sentence Enforcement Register” is kept for this purpose by each public prosecutor’s office. The Sentence Enforcement Register is drawn up in such a way as to allow immediate knowledge of the sentences to be enforced and, where applicable, the reasons why enforcement has…

For the enforcement of criminal sentences, the magistrates of the public prosecutor’s office are assisted by a secretariat-registry responsible for the enforcement of sentences.

The thresholds of six months’ or one year’s imprisonment provided for in terms of sentence adjustment by the third paragraph of Article 132-19 and Article 132-25 of the Criminal Code, as well as by 1°, 2° and 3° of I of Article 464-2, Article 474 and the article 723-15 of this code shall be assessed taking into account, where appropriate, of: 1° The total or partial revocation of a simple…

The enforcement of sentences office provided for by article 709-1 is run by one or more registrars or agents of the registry of the judicial court or the court of appeal. When the sentence is handed down in the presence of the defendant and the latter is not imprisoned, the office’s role is to receive the defendant at the end of the hearing or in the days following the hearing,…

For the application of the provisions of 1° of Article D. 48-2, the sentence enforcement judge shall indicate to the public prosecutor, in consultation with the director of the prison integration and probation service, and with regard to the organisation of this service and the sentence enforcement service, whether he wishes persons to be summoned in general: 1° First before the sentence enforcement judge, then before the prison integration and…

For the application of the provisions of 2° of Article D. 48-2, the sentence enforcement judge may indicate to the public prosecutor whether he or she wishes certain people to be called before the judge first, as a general rule, due to the sentence imposed, the nature of the offence or the convicted person’s previous record.

When the summonses provided for in 1°, 2°, 4° and 5° of article D. 48-2 have not been given to the convicted person at the end of the hearing or by the Sentence Enforcement Office, these summonses are sent to the convicted person at a later date as soon as possible and by any means possible.

When the public prosecutor receives the convicted person against whom a deferred committal order has been issued, he or she informs him or her of the prison in which he or she is to be incarcerated, as well as the date and times at which he or she is to report to that prison. After this information has been provided, the public prosecutor issues an order for the execution of…

The order for execution of the deferred committal order issued by the public prosecutor either at the end of the hearing or under the conditions provided for in article D. 48-2-4 refers to the conviction and the warrant issued by the criminal court or the assize court, and includes the information mentioned in the first paragraph of article D. 48-2-4 and in article D. 45-2-7. It is dated, signed and…

If the convicted person against whom a warrant of committal with deferred effect has been issued does not reside within the jurisdiction of the court that handed down the conviction, the public prosecutor may forward a copy of the warrant to the public prosecutor of the judicial court within whose jurisdiction the person resides so that the latter may summon the person and issue the order for enforcement of the…