When a convicted person is serving one or more custodial sentences of a total duration of less than or equal to two years, the prison administration shall inform him, at least one month before the remainder of the sentence is equal to three months, or if the sentence is less than or equal to six months, when he is committed to prison or when the sentence becomes final, that he…
The prison integration and probation service will forward its opinion on the most appropriate measure and on the obligations and prohibitions likely to be imposed to the sentence enforcement judge in good time before the meeting of the sentence enforcement committee at which the person’s situation will be examined, and will provide, where applicable, any information that will enable the judge to assess whether it is materially impossible for the…
The prison integration and probation service located within the jurisdiction of the prison where the person being released under constraint is incarcerated will give or arrange for the person to be given, no later than the day of their release, a notice to appear before the prison integration and probation service territorially competent to monitor them after their release. The maximum period for appearing is five working days from the…
The decision to release an offender on full parole may be made before the date on which the remainder of the sentence is at least equal to three months, provided that it specifies that the measure that has been ordered will only be implemented from that date.
Release under constraint as of right is applicable even when proceedings are pending before the sentence enforcement courts. On the other hand, it does not apply to persons undergoing sentence adjustment in prison, except when they are placed outside under the supervision of prison staff under the conditions defined in articles D. 129 of the present code and D. 424-10, D. 424-11, D. 424-12 and D. 424-13 of the prison…
The crimes and offences for which socio-judicial supervision is incurred and which are liable, in accordance with the provisions of articles 723-29 to 723-37, to give rise to judicial supervision of a convicted offender where the custodial sentence handed down is equal to or greater than seven years are: 1° Crimes of deliberate endangerment provided for by articles 221-1 to 221-5-1 of the Criminal Code; 2° Crimes of acts of…
Persons covered by the provisions of article D. 147-31 may not be placed under judicial supervision: 1° If they have been sentenced to socio-judicial supervision, unless this sentence was handed down for acts committed before 13 December 2005, in accordance with the provisions of the last paragraph of article 41 of law no. 2005-1549 of 12 December 2005 relating to the treatment of recidivism in criminal offences. 2° If they…
At the beginning of each month, the prison registry sends the public prosecutor a copy of the criminal record of persons sentenced to a custodial sentence of seven years or more, or, if the person has been sentenced for repeat offences, five years, and whose release is due to take place between the sixth and twelfth months thereafter, for the purpose of possible placement under judicial supervision. A copy of…
The public prosecutor checks whether the person is a person convicted of a crime or offence mentioned in article D. 147-31 and against whom socio-judicial supervision has not been ordered. When this is the case, it checks with the sentence enforcement judge to see if a parole project is being considered. If no application for conditional release is registered with the registry of the sentence enforcement judge, or if, if…
In order to assess the need for judicial supervision, the sentence enforcement judge and the public prosecutor may, in accordance with the provisions of Article 723-31, order a medical examination, the provisions of Article 712-21 requiring for certain crimes a duality of experts not being applicable to this expertise. If they consider it appropriate, they may also order, in accordance with the provisions of Article 723-31-1 alternatively or cumulatively: the…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
