When the length of the sentence served is at least equal to twice the length of the sentence still to be served, the situation of the convicted person serving one or more custodial sentences of a total duration of more than five years is examined by the sentence enforcement judge or court during an adversarial hearing held in accordance with the procedures set out in articles 712-6 or 712-7, in…
The granting of conditional release may be subject to special conditions as well as assistance and monitoring measures designed to facilitate and verify the rehabilitation of the released person. In particular, parolees may be subject to one or more of the supervision measures or obligations mentioned in articles 132-44 and 132-45 of the Penal Code. These measures are implemented by the sentence enforcement judge assisted by the prison integration and…
The person subject to conditional release may be subject to the obligations set out for socio-judicial supervision if he or she has been convicted of a crime or offence for which this measure is incurred. Unless otherwise decided by the sentence enforcement judge or the sentence enforcement court, this person is subject to a treatment order under the conditions set out in articles L. 3711-1 et seq. of the Public…
The conditional release decision lays down the terms and conditions under which freedom is granted and maintained, as well as the nature and duration of the assistance and supervision measures. If it is made by the sentence enforcement court, the court may provide that the release will take place on the day set by the sentence enforcement judge between two specified dates. This duration may not be less than the…
Where the person has been sentenced to life imprisonment for one of the crimes referred to in Article 706-53-13 and has been conditionally released with a care order, the regional secure detention court may, in accordance with the procedures set out in Article 706-53-15, decide to extend all or part of the obligations to which the person is subject, beyond the period of conditional release, by placing him or her…
In the event of a new conviction, notorious misconduct, breach of conditions or failure to comply with the measures set out in the conditional release decision, that decision may be revoked, following the distinctions of article 730, either by the sentence enforcement judge or by the sentence enforcement court, in accordance with the procedures set out in the articles 712-6 ou 712-7. The same applies when the parole decision has…
The sentence enforcement judge may, ex officio, at the request of the person concerned or at the request of the public prosecutor, order a reasoned decision to replace community service with a penalty of days’ fine. This decision is taken following an adversarial debate, in accordance with the provisions of article 712-6. This decision may also be made following partial performance of community service.
In the event of non-performance of community service, the sentence enforcement judge may, of his or her own motion or at the request of the public prosecutor, order by reasoned decision the enforcement of the imprisonment and fine imposed by the trial court pursuant to the provisions of the second paragraph of the articles 131-9 and 131-11 of the Penal Code. Enforcement may cover all or part of this sentence….
The court or tribunal imposing a sentence may, in the cases and under the conditions provided for in the articles 132-29 to 132-57 of the Penal Code, order that its execution be stayed. The court may also defer pronouncement of the sentence in the cases and conditions provided for by the articles 132-60 to 132-70 of said code. The procedures for implementing the suspended sentence and deferral are set out…
Where the trial court has not ruled on the revocation of the suspended sentence pursuant to Article 132-36 of the Penal Code because it was unaware of the first conviction, the public prosecutor may subsequently submit a reasoned application to the criminal court for its revocation. The court will rule in open court, after hearing the person and, if applicable, their lawyer.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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