Where the person sentenced to a term of imprisonment suspended on probation must comply with the obligation to refrain from appearing in a specially designated place or area, in order to avoid contact with the victim or the civil party, or the obligation to refrain from entering into contact with the victim or the civil party, provided for in 9°, 13° and 18°bis of the Article 132-45 of the Penal…
The suspension of sentence does not extend to the payment of damages. Nor does it extend to the incapacities, prohibitions and disqualifications resulting from the conviction. However, such incapacities, prohibitions and disqualifications shall cease to have effect from the day on which, by application of the provisions of Article 743 or of article 132-52 of the Criminal Code, the conviction will have been declared or deemed null and void. This…
The provisions relating to the effects of the probationary suspension are set out in articles 132-52 and 132-53 of the Penal Code.
In the event of a final conviction for an offence to a firm prison sentence of less than or equal to six months, or the firm part of which is less than or equal to six months, including if this sentence results from the revocation of a suspended sentence, the sentence enforcement judge may, before the prison sentence is served or during its execution, order, of his own motion or…
In the event of a change in the sentenced person’s situation since the sentencing decision that does not allow the sentence imposed to be enforced, the sentence enforcement judge may ex officio, at the request of the person concerned or at the request of the public prosecutor order by reasoned decision, taken in accordance with the provisions of Article 712-6 : 1° To convert a sentence of community service or…
When the trial court postpones sentencing pursuant to article 132-63 of the Penal Code, the accused is placed under the supervision of the sentence enforcement judge in whose jurisdiction he or she resides. The sentence enforcement judge will ensure that the measure is carried out, either by himself or by any qualified person. The provisions of article 741 are applicable to the supervision exercised over the accused. The sentence enforcement…
When the trial court postpones sentencing pursuant to article 132-66 of the Penal Code, the sentence enforcement judge in whose jurisdiction the accused resides shall ensure, either by himself or by any qualified person, that the prescriptions listed in the court’s injunction are carried out.
When, after an escape followed by a recapture or in any other circumstances, the identity of a convicted person is challenged, the challenge shall be decided in accordance with the rules established for incidents of enforcement. However, the hearing shall be public. If the challenge arises in the course of and on the occasion of a new prosecution, it shall be decided by the court or tribunal hearing that prosecution.
In the event of voluntary non-compliance with one or more fines imposed in criminal or correctional cases for an offence punishable by imprisonment, including in the event of voluntary non-compliance with tax or customs fines, the sentence enforcement judge may order, under the conditions set out in this Title, a judicial restraint consisting of imprisonment, the duration of which is set by this magistrate within the limit of a maximum…
The maximum duration of the judicial constraint is set as follows:
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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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