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Article R249-19 of the French Code of Criminal Procedure

On pain of inadmissibility, the application must be submitted in a separate written document bearing the words: “Application concerning conditions of detention (Article 803-8 of the Code of Criminal Procedure)”. The application contains a detailed account of the personal and current conditions of detention that the applicant considers to be contrary to human dignity. It shall specify whether the applicant requests to be heard by the judge, in the presence…

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Article R249-20 of the French Code of Criminal Procedure

I.-The request is declared by the requesting party or his lawyer in the following manner: 1° Where the applicant is remanded in custody, the declaration is made to the investigating judge’s registry if an investigation is underway, to the public prosecutor’s secretariat if the criminal court is seised, or to the public prosecutor’s secretariat if the criminal appeals chamber or the assize court is seised or if an appeal in…

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Article R249-22 of the French Code of Criminal Procedure

If the judge dismisses the application as inadmissible, the order is notified without delay to the applicant via the head of the prison. It is also notified without delay, if necessary by electronic means, to the applicant’s lawyer and, if the applicant is remanded in custody, to the examining magistrate, the public prosecutor or the public prosecutor as the case may be.

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Article R249-23 of the French Code of Criminal Procedure

If the judge deems the application to be admissible, he or she will immediately communicate the admissibility order, by electronic means if necessary, to the head of the prison, asking him or her to forward, within a period of at least three working days and no more than ten days, his or her written observations and any documents enabling the conditions of the applicant’s detention to be assessed. The order…

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Article R249-24 of the French Code of Criminal Procedure

To verify whether or not the conditions of detention violate the applicant’s dignity, the judge may: 1° Visit the place of detention; 2° Order an expert report entrusted to an expert registered on the lists of judicial experts or who has taken an oath in accordance with the article 160 ; 3° Request a bailiff to carry out any useful observations, photographs, filming and sound recordings within the prison, under…

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Article R249-25 of the French Code of Criminal Procedure

Within ten days of the date on which the order declaring the application admissible was issued, the judge shall rule by reasoned order on the merits of the application in the light of the application and the observations of the detainee or, where applicable, his lawyer, the written observations of the prison administration and the written opinion of the examining magistrate, the public prosecutor or the public prosecutor. The lawyer…

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Article R249-27 of the French Code of Criminal Procedure

If the judge considers the application to be well-founded, the order shall mention the conditions of detention that he considers to be contrary to human dignity, and shall set a time limit of between ten days and one month to allow the prison administration to put an end to them by any means. This order is notified under the conditions provided for in article R. 249-22.

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Article R249-28 of the French Code of Criminal Procedure

Before the expiry of the time limit set by the judge pursuant to article R. 249-27, the prison administration shall take any measure it deems appropriate to put an end to the conditions of detention in question. To this end, it may propose that the detainee be transferred to another prison. Where the detainee is imprisoned in execution of a custodial sentence, the prison administration shall ensure that the proposed…

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