Title II: Detention

The procedures for applying the provisions of articles 723-15 to 723-18 are laid down by the provisions of this section.

In the event of a combination of convictions, at least one of which was handed down for acts committed in a state of legal recidivism, these provisions shall be applied only if the total prison sentences handed down or remaining to be served are less than or equal to one year.

Parole may only be granted under the provisions of articles 723-15 to 723-18 only when the conditions set out in articles 723-1 and 723-7 if a probationary measure is ordered, or failing that, when the conditions set out in articles 729 et seq are met, and in particular the probationary periods set out in these articles.

Where the provisions of the articles 474 and D. 48-2, the summonses provided for in Article 723-15 are issued by the sentence enforcement judge and by the prison integration and probation service. The convicted offender is summoned first to appear before the sentence enforcement judge and then before the prison integration and probation service. However, in view of the organisation of the enforcement of sentences service and the prison integration…

If the sentenced person resides in a jurisdiction other than that of the court that handed down the sentence, the public prosecutor at that court shall directly send a copy of the decision(s) to the territorially competent sentence enforcement judge. The latter will then issue the summons or summonses provided for by article 723-15.

Failure to comply with the one-month and forty-five-day time limits provided for in Article 723-15 does not constitute grounds for invalidating summonses for the sentenced person to appear before the sentence enforcement judge or the prison integration and probation service.

If the sentenced person has already been remanded in custody, the sentence enforcement judge who receives a copy of the decision pursuant to article 723-15 examines the situation of the person concerned with regard to any reductions in sentence that may be granted in respect of the incarceration undergone while in pre-trial detention. The decision is then taken without the prior opinion of the Sentence Enforcement Commission, but, unless it…

When, as a result of sentence reductions granted by the sentence enforcement judge, the sentenced person has no remaining sentence to serve, the information provided for in the penultimate paragraph of Article 721 is made by the sentence enforcement judge or, on the latter’s instruction, by the prison integration and probation service. This information may also be sent to the sentenced person by registered letter. This information may also be…

The public prosecutor may apply the provisions of Article 723-15 and this sub-section for prison sentences with a remaining balance of more than one year if, as a result of the pre-trial detention served by the convicted person, and the total sentence reductions that may be granted in accordance with the provisions of Article 723-18, there is no remaining sentence to be served. The public prosecutor may also apply the…

The provisions of Article 712-21 are not applicable to sentence adjustments decided pursuant to articles 723-15 et seq, unless the public prosecutor so requests when referring the matter to the sentence enforcement judge.