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Article D147-35 of the French Code of Criminal Procedure

If the expert opinion ordered pursuant to the provisions of article 723-31 concludes that the sentenced person is dangerous and establishes a risk of re-offending that appears to be proven, the public prosecutor shall request that the sentenced person be placed under judicial supervision upon release in accordance with the provisions of article 723-29 and forwards his recommendations to the sentence enforcement judge for referral to the sentence enforcement court.

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Article D147-36 of the French Code of Criminal Procedure

The expert opinion provided for in article 723-31 may not be ordered if the convicted person’s individual file contains an expert report dating back less than two years, ordered where applicable when an application for conditional release was made, and which concludes that the convicted person is dangerous and from which it emerges that there is a risk of reoffending that appears to be proven. However, in the case of…

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Article D147-37 of the French Code of Criminal Procedure

In accordance with the provisions of the last paragraph of Article 723-30, judicial supervision includes the obligation to comply with the treatment order provided for by Article 131-36-4 of the Criminal Code when the medical assessment provided for by article 723-31 or by Article D. 147-36 concludes that the sentenced person is likely to be subject to treatment. The sentence enforcement court notes this obligation in its decision to place…

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Article D147-37-1 of the French Code of Criminal Procedure

If judicial supervision includes placement under mobile electronic monitoring, the sentence enforcement court or the sentence enforcement judge shall notify the sentenced person, before his release and the installation of the device provided for by article 763-12, that this placement cannot be implemented without his consent, but that, if he refuses it or fails to fulfil his obligations, all or part of the period of sentence reductions he has benefited…

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Article D147-37-2 of the French Code of Criminal Procedure

The judgment ordering judicial supervision must fix the sentenced person’s place of residence from the date of release. If necessary, this residence may be determined by the sentence enforcement judge after the judicial supervision judgment has been handed down, as long as this determination occurs before the release date. To determine the sentenced person’s residence, the sentence enforcement judge may, if necessary, proceed by means of requisitions, in accordance with…

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Article D147-38 of the French Code of Criminal Procedure

When the sentence enforcement court is seized by the public prosecutor for the purpose of ordering judicial supervision, it may rule by the same judgment, at the request of the sentence enforcement judge initially seized, on an application for sentence adjustment falling within the jurisdiction of that magistrate.

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Article D147-39 of the French Code of Criminal Procedure

When the sentence enforcement court decides that judicial supervision will apply to all of the sentence reductions from which the person has benefited and which have not been withdrawn, it may fix in its decision the date on which judicial supervision will end and not the duration of this measure.

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Article D147-40 of the French Code of Criminal Procedure

At least two weeks before the sentenced person’s release date, a copy of all or part of the individual file concerning him, including in particular the decision to place him under judicial supervision, shall be sent to the sentence enforcement judge of the judicial court in whose jurisdiction the sentenced person is to reside, to enable him to prepare for the implementation of judicial supervision.

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Article D147-40-1 of the French Code of Criminal Procedure

If judicial supervision includes a care order, this judge shall, before the sentenced person is released, designate the coordinating doctor so that the choice of treating doctor can, unless this is impossible, take place before this release, pursuant to the provisions of articles R. 3711-8 and R. 3711-12 to R. 3711-17 of the public health code. To this end, convicts may be granted temporary absences or escorted leave to meet…

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Article D147-40-2 of the French Code of Criminal Procedure

The person placed under judicial supervision must be summoned by the sentence enforcement judge of the judicial court in whose jurisdiction he is to reside, within a maximum of eight days of his release. This summons shall be served on him against a signature, before his release, by the head of the prison.

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