Book V: Enforcement procedures

When the sentence enforcement judge or court grants one of the measures mentioned in articles 712-5,712-6 and 712-7, the measure may not be enforced until twenty-four hours have elapsed from notification of the decision to the public prosecutor, in the absence of a visa from the latter indicating that he or she is not appealing; if the public prosecutor lodges an appeal within twenty-four hours of notification, he or she…

In the event of an appeal, a copy of the sentenced person’s individual file and the decision of the enforcement judge or court is sent to the enforcement chamber of the court of appeal or its president. In support of his appeal, the sentenced person or his lawyer may send written observations to the president or to the chamber. Except in urgent cases, these observations must be sent no later…

In the event of an appeal against an order made by the sentence enforcement judge pursuant to the provisions of Article 712-5, the copy of the sentenced person’s individual file sent to the President of the Enforcement Division of the Court of Appeal shall contain only the information required to examine the appeal. In the event of an appeal against an order to withdraw a reduced sentence, only the incident…

If he confirms an order refusing to grant leave to go out, an authorisation to go out under escort or a reduced sentence, the president of the enforcement division of the court of appeal may, in a reasoned decision, decide that the convicted person is not eligible to make a similar application for a period of one year. In the event of an appeal against an order to withdraw a…

The Sentence Enforcement Division of the Court of Appeal rules, on the basis of the case file, following an adversarial debate held in chambers without the presence of the sentenced person, during which, after an oral report by a councillor, the public prosecutor and then the sentenced person’s lawyer present their observations. The Public Prosecutor may reply, the convicted person’s lawyer always having the last word. The convicted person’s lawyer…

When the President of the Enforcement Division finds that an appeal has been lodged with this court that is manifestly inadmissible, he may decide, by a reasoned order that is not subject to appeal, that there is no need to rule on this appeal.

The enforcement division of the court of appeal that grants a sentence adjustment measure specifies the terms of application and sets the date before which it must be enforced. If the nature of the measure justifies it, this court may also designate one of its members or the competent enforcement judge to specify the terms, set the effective date for enforcement of the decision and, where appropriate, notify the sentenced…

The judgment of the Enforcement Division of the Court of Appeal is notified to the convicted offender in custody by the head of the prison, who gives him a copy of it against a signature; if the convicted offender is not in custody, a copy of the judgment is sent to him by registered letter; a copy of the judgment is also sent by registered letter or fax to the…

The provisions of this Code applicable before the Criminal Appeals Chamber and its President, and in particular those relating to withdrawals of appeal or late appeals or appeals that have become moot, are applicable before the Sentence Enforcement Chamber of the Court of Appeal and its President, subject to the specific provisions laid down by this chapter or by the articles 712-11 to 712-22.