Book V: Enforcement procedures

Enforcement of the conviction or probation decision is governed by the Penal Code and by this Code, including the enforcement of subsequent decisions taken when a probation measure or alternative sanction is not complied with or when the convicted person commits a new criminal offence. As soon as the decision to recognise the conviction or the probation decision as enforceable in France has become final, alternative sanctions or probation measures…

Withdrawal of the certificate by the sentencing State, for whatever reason, shall preclude enforcement of the sentence or the probation decision if it occurs before the alternative sanction or the probation obligations and measures have been enforced.

The sentence enforcement judge is competent to ensure, by himself or by any designated qualified person, the monitoring of probation measures and alternative sentences whose recognition is final. The sentence enforcement judge, or, where applicable, where the measure does not fall under his jurisdiction, the public prosecutor, shall enforce the alternative penalty or immediately take the appropriate measures to monitor the probation measure.

If the sentenced person cannot be found on the territory of the Republic, the sentence enforcement judge shall inform the competent authority of the sentencing State of the impossibility of enforcing the sentence or the probation decision.

The sentence enforcement judge is competent to take any subsequent measure to modify the obligations or the duration of the probationary period under the conditions set out in this code.

The sentence enforcement judge is also competent to issue a reasoned judgment, under the conditions provided for in article 712-6, revocation of conditional release or suspension of enforcement of the sentence and to impose the custodial sentence or measure involving deprivation of liberty provided for in the conviction or the probation decision issued by the authorities of the sentencing Member State, in the case of an alternative sanction. Where a…