Sentence reductions apply to all custodial sentences, when the conviction has become final, including those managed under the semi-liberty, work release or electronically supervised home detention scheme. They do not, however, apply to imprisonment resulting from: 1° Withdrawal of a sentence reduction ordered pursuant to articles 721,721-2 and 723-35; 2° De la contrainte judiciaire.
For the application of the provisions of article 721 relating to sentence reductions, the Sentence Enforcement Commission examines the sentenced person’s situation at least once a year, even ex officio in the absence of a request made by the sentenced person in accordance with the provisions of article D. 49-11. In the event of imprisonment under the pre-trial detention regime and if the duration is at least one year, the…
When the remaining period of incarceration is less than one year, the sentence enforcement judge will take into account the entire remaining period of incarceration when assessing the amount of sentence reductions that may be granted. .
In the event of a decision on sentence reductions for a fraction of less than one year followed by the entry in the criminal record of one or more convictions allowing these sentence reductions to be examined for an annual fraction, the sentence enforcement judge may rescind his previous decision and re-examine the sentenced person’s situation for the annual fraction.
Where a convicted person has to serve several custodial sentences covered by separate sentence reduction schemes, the strictest scheme shall apply as long as one or more of the sentences being served or due to be served corresponds to one of the convictions referred to in articles 721-1-1 and 721-1-2 or to one of the situations described in the eighth paragraph of Article 721. These rules are no longer applicable…
Improper conduct on the part of the offender during the execution of a custodial sentence served under the semi-liberty, work release or electronically monitored home detention regime may justify the withdrawal of the sentence reduction, without prejudice to the possibility of withdrawing the accommodation measure.
The misconduct of the convicted offender during the execution of his custodial sentence likely to give rise to a decision to withdraw the sentence reduction by the sentence enforcement judge pursuant to article 721 may result in particular from the fact that the convicted offender refuses to submit to the biological sampling provided for in the first paragraph of I of article 706-56 or commits or attempts to commit manoeuvres…
When the sentence enforcement judge is likely to revoke all or part of a previously granted reduction in sentence, on his own initiative or at the request of the head of the establishment or the public prosecutor, the sentenced person is notified at least ten days before the date on which the possible withdrawal of this reduction in sentence is to be examined by the sentence enforcement committee. This notice…
The decision to withdraw a sentence reduction is enforced following the last sentence served.
Where the convicted offender has been the subject of one or more decisions to withdraw a reduced sentence, the notice of the expiry date of his custodial sentence sent by the head of the prison to the automated national criminal record pursuant to 5° of article R. 69 specifies the total duration of the withdrawal(s) ordered. .
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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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