Book V: Enforcement procedures

The convicted person’s individual file provided for by Article D. 49-29 includes a specific file number in which all the documents and information relating to the victim or civil party of the offence are grouped together.

A victim or civil party who, in accordance with the provisions of the last paragraph of Article 712-16-2, wishes to be informed of the release of a person convicted of an offence referred to in Article 706-47, on the expiry date of his sentence, sends this request by registered letter with acknowledgement of receipt to the public prosecutor or the public prosecutor of the convicting court. This request is forwarded…

When the sentence enforcement court informs the victim pursuant to the provisions of the third paragraph of Article 712-16-1, it shall inform the victim of his or her option to be assisted by a victim support association. Where, pursuant to the provisions of the last paragraph of Article 712-16-2 or Article 745 the victim or civil party must be informed of the sentenced person’s release occurring on the date on…

Whether or not they have brought a civil action during the proceedings, victims who wish to be informed of the sentenced person’s release in accordance with the provisions of Articles 712-16-1 and 712-16-2 or who wishes to be informed of the end of the probationary suspension in accordance with the provisions of Article 745 may, by registered letter with acknowledgement of receipt, make their change of address known to the…

The notice sent to the victim pursuant to the third paragraph of Article 712-16-2 informs the victim that if the convicted person breaches the prohibition on receiving, meeting or entering into contact with the victim, the victim may immediately inform the sentence enforcement judge or, failing this, the public prosecutor. This notice is not sent if the victim has requested not to be informed in accordance with the provisions of…

Even outside the case provided for by articles 712-16-1 and 712-16-2 and D. 49-68, the victim may be notified by the sentence enforcement judge of any decision providing for his or her compensation in the context of a probationary suspension, a suspension with an obligation to perform community service, a socio-judicial supervision or a sentence adjustment measure, and of the fact that he or she may inform this magistrate in…

The sentence enforcement judge may inform the victim of the enforcement of a prison sentence that is subject to an adjustment measure in accordance with the provisions of Article 723-15, unless the provisions of Articles D. 49-72 or D. 49-73.

The public prosecutor or the public prosecutor, when enforcing a prison sentence in the case provided for by the second and third paragraphs of Article 723-15-2 and by article 723-16, may inform the victim, unless the provisions of articles D. 49-72 or D. 49-73. If the victim has been awarded damages and the public prosecutor has applied the provisions of the article D. 332-11 du code pénitentiaire, it may be…

In accordance with the provisions of the fourth paragraph of Article 712-16-2 or the second paragraph of Article 745, whether or not he or she is a civil party, the victim may at any time inform the public prosecutor or the public prosecutor of the court that handed down a custodial sentence that he or she does not wish to be informed of the terms and conditions of enforcement of…

When the person sentenced to a custodial sentence is not immediately incarcerated following the judgment, the victim may also request, in accordance with the procedures set out in Article D. 49-72, not to be informed of the execution of this sentence.