Book V: Enforcement procedures

In each judicial court and in each court of appeal, an office for the enforcement of sentences shall be set up, the composition, tasks and operating procedures of which shall be specified by decree. In particular, this office is responsible for providing any convicted person present at the end of the criminal court hearing with a statement of criminal convictions stating the sentences that have been handed down.

The police and gendarmerie units may, ex officio or on the instructions of the public prosecutor or the sentence enforcement judge, apprehend any convicted person for whom the second paragraph of article 131-9 or the second paragraph of Article 131-11 of the Penal Code or placed under the supervision of the sentence enforcement judge and in respect of whom there are one or more plausible grounds for suspecting that he…

The police and gendarmerie units may, in accordance with the procedures set out in articles 56 to 58 and during the hours set out in Article 59, and after obtaining the agreement of the public prosecutor or the sentence enforcement judge or on the instructions of one of these magistrates, carry out a search of the home of a convicted person who, by virtue of his conviction, is prohibited from…

Where there are one or more plausible reasons to suspect that, following his imprisonment, a convicted person has not complied with the prohibition imposed on him, pursuant to his sentence, from entering into contact with certain persons or certain categories of persons, to associate with certain convicted persons or to appear in a specially designated place, category of place or area, the police and gendarmerie units may, on the instructions…

The public prosecutor draws up an annual report on the state of enforcement of sentences and the time taken to enforce them, which includes, in particular, a report drawn up by the departmental director of public finance on the recovery of fines in the court’s jurisdiction. The departmental director of public finance sends his report to the public prosecutor by the first working day of March at the latest. The…

All disputes relating to enforcement are brought before the court or tribunal that handed down the sentence; this court may also rectify purely material errors contained in its decisions. In considering these requests, it takes into account the behaviour of the convicted person since the sentence was passed, his or her personality, and his or her material, family and social circumstances. In criminal matters, the Investigating Chamber hears rectifications and…

When a convicted person requests, pursuant to Article 132-4 of the Penal Code, confusion of sentences pronounced against him/her after the convictions have become final, his/her request is brought before the Criminal Court, whose decision may be appealed before the Criminal Appeals Chamber. The criminal court or courts that handed down the sentences or that are located at the seat of one of the courts that handed down the sentences…

The court or tribunal, at the request of the public prosecutor or the interested party, shall rule in chambers after hearing the public prosecutor, the party’s counsel if he so requests and, if appropriate, the party himself, subject to the provisions of l’article 712. Where the petitioner is detained, his appearance before the court shall be as of right only if he expressly so requests in his petition. The execution…

In all cases where it appears necessary to hear a convicted offender who is detained, the court seised may issue a letter rogatory to the president of the judicial court closest to the place of detention. This magistrate may delegate one of the judges of the court, who shall conduct the hearing of the detainee by means of a record. The court may also decide to apply the provisions of…