Book V: Enforcement procedures

In order to facilitate the social integration or reintegration of a sentenced person, to improve the protection of victims and society and to facilitate the application of alternative sanctions to custodial sentences and of probation measures when the offender does not live in the sentencing State, this Title determines the rules applicable to the recognition and enforcement, in a Member State of the European Union, of final criminal convictions or…

The sentences and decisions that may give rise to cross-border enforcement under this Title are as follows: 1° Convictions to probation measures providing for imprisonment in the event of non-compliance, or to a custodial sentence with all or part of a suspended sentence conditional on compliance with probation measures; 2° Convictions with a deferral of sentencing and imposing probation measures ; 3° Sentences involving an alternative to a custodial sentence,…

Alternative sanctions and probation measures the monitoring of which may be transferred to the executing State are those which impose one or more of the following obligations or injunctions: 1° An obligation on the sentenced person to inform a specific authority of any change of residence or place of work; 2° A prohibition on going to certain places or defined areas in the sentencing State or the administering State; 3°…

In application of 12° of article 764-3, the following obligations may also be monitored and supervised in France: 1° A ban on carrying out a professional or voluntary activity involving habitual contact with minors; 2° A ban on driving a vehicle; 3° A ban on owning or carrying a weapon subject to authorisation.

A conviction or a probation decision may be transmitted to the competent authority of another Member State of the European Union where: 1° The person concerned is ordinarily resident, under lawful conditions, in the territory of that State and has returned to it or wishes to return to it; 2° The person concerned is not ordinarily resident, under lawful conditions, in the territory of that State, but requests to enforce…

Any conviction or probation decision transmitted pursuant to this Title for the purpose of recognition and monitoring in the territory of the executing State shall be accompanied by a certificate specifying in particular: 1° The designation of the sentencing State; 2° The designation of the competent authority which handed down the conviction or the probation decision; 3° The designation of the competent authority in the sentencing State for the supervision…

The withdrawal of the certificate referred to in Article 764-6 constitutes withdrawal of the request for recognition and monitoring and prevents the alternative penalty or probation measure from being enforced on the territory of the executing State.

The transmission of the sentence or the probation decision, the certificate and all documents relating to the enforcement of the measures, as well as any exchange relating thereto, shall be effected directly, by any means which leaves a written record and under conditions allowing the addressee to verify its authenticity, between the competent authorities of the issuing State and those of the executing State.