Book V: Enforcement procedures

Before transmitting the sentencing decision or the probation decision and the certificate, the public prosecutor may consult the competent authority of the executing State. Such consultation is mandatory in the cases mentioned in 2° of Article 764-5, in order to determine whether that authority consents to the transmission.

The public prosecutor shall forward to the competent authority of the executing State a certified copy of the sentencing decision or probation decision and the original or a copy of the certificate referred to in Article 764-6. He shall also send that authority a translation of the certificate either into the official language or one of the official languages of the executing State, or into one of the official languages…

The public prosecutor may decide to withdraw the certificate, provided that monitoring has not begun in the executing State, in the following cases: 1° Where it considers that the maximum period of deprivation of liberty provided for under the domestic law of the executing State that may be imposed in the event of non-compliance with alternative sanctions or probation measures is insufficient; 2° Where recognition of the sentence or probation…

Where the competent authority of the executing State has informed the public prosecutor that it recognises the sentence or the probation decision, the competent authorities of the executing State shall become solely competent to supervise the probation measures or alternative sanctions imposed, as well as for amending the obligations or instructions, revoking the suspension of enforcement of the sentence or conditional release and taking any decision in the event of…

The public prosecutor shall without delay inform the competent authorities of the executing State, by any means which leaves a written record, of any circumstances or findings brought to his attention which appear to him to be such as to give rise to a modification of the probation measure or alternative sanction, the revocation of the suspension of enforcement of the sentence or of the decision on conditional release, or…

The French judicial authorities shall once again have jurisdiction, at the initiative of the executing State, in the event of non-compliance with the obligations or injunctions mentioned in the sentence or probation decision, to pronounce the revocation of the suspension of enforcement of the sentence or conditional release or to pronounce and enforce a custodial sentence in cases where the executing State has declared to the General Secretariat of the…

At the initiative of the competent authority of the executing State, the French judicial authorities once again become competent to monitor alternative sanctions or probation measures where the sentenced person has absconded or is no longer ordinarily resident, under lawful conditions, in the territory of the executing State. Where, following recognition of a conviction or a probation decision by the competent authorities of the executing State, new criminal proceedings are…

Where the sentence is the subject of an amnesty, pardon or revision having the effect of depriving it, immediately or otherwise, of its enforceability, the public prosecutor shall inform the competent authority of the executing State without delay.