Book IV: Some special procedures

This Chapter determines the rules applicable, with a view to guaranteeing the appearance in court and promoting, where appropriate, the use of alternatives to pre-trial detention for the person not residing in the Member State of the criminal proceedings which concern him, to the recognition and monitoring, in a Member State of the European Union, of decisions to place a person under judicial supervision pronounced by a French judicial authority,…

For the preparation and during the execution of decisions taken pursuant to this Chapter, the competent authorities of the issuing State and the executing State shall, unless this is impracticable, consult each other in particular to determine whether the executing State consents to the transmission of a decision to place the person under judicial supervision pursuant to 2° of Article 696-52.

The obligations to which a person may be required to submit in the executing State are as follows: 1° An obligation on the person to inform a specific authority of any change of residence; 2° A prohibition on going to certain places or defined areas in the issuing State or the executing State; 3° An obligation to remain in a specified place, where appropriate for specified periods; 4° Restrictions on…

In application of 7° of Article 696-50, the obligations listed in Article 138 may also be followed in France, under the same conditions.

A decision to place a person under judicial supervision may give rise to transmission to the competent authority of another Member State of the European Union where: 1° The person concerned is habitually resident, under lawful conditions, in the territory of the executing State and, having been informed of the measures concerned, consents to return there; 2° The person concerned requests that the decision to place him or her under…

Any decision to place a person under judicial supervision taken pursuant to this chapter for the purposes of recognition and supervision in the territory of the Republic or in that of another Member State shall be accompanied by a certificate specifying in particular: 1° The designation of the issuing State and the executing State; 2° The designation of the competent authority which ordered the placement under judicial supervision; 3° The…

Withdrawal of the certificate shall constitute withdrawal of the application for recognition and enforcement and shall preclude enforcement of the decision to place the person under judicial supervision pursuant to this chapter.

The transmission of the certified copy of the decision to place the person under judicial supervision, of the certificate and of all correspondence and documents relating thereto shall be effected directly between the competent authorities of the issuing State and those of the executing State, by any means which leaves a written record under conditions allowing the addressee to verify its authenticity. Where a State has designated one or more…