The multidisciplinary commission for security measures established in Article 763-10 shall exercise its jurisdiction within the jurisdiction of one or more Courts of Appeal. The number, location and territorial jurisdiction of the commissions are set by order of the Minister of Justice.
The multidisciplinary commission for security measures is composed of: 1° A chamber president at the court of appeal appointed for a five-year term by the first president of the court of appeal within whose jurisdiction the commission sits, chairman; 2° The regional prefect, prefect of the defence zone within whose jurisdiction the commission sits, or his representative; 3° Of the inter-regional director of prison services with jurisdiction over the court…
The matter is referred to the commission by the sentence enforcement judge or by the public prosecutor. The sentenced person and his/her counsel and, where applicable, the public prosecutor are informed by the sentence enforcement judge of this referral. The commission will issue a reasoned opinion within three months of the matter being referred to it. In the absence of an opinion within this timeframe, the judge may have the…
The commission may request the appearance of the sentenced person before giving its opinion. This appearance may be made by a means of telecommunication in accordance with the provisions of Article 706-71. The convicted person may be assisted by his lawyer. According to the decision of its chairman, who is responsible for its implementation, the commission may also carry out or arrange for the carrying out of any examinations, hearings,…
The dangerousness examination provided for by Article 763-10 is carried out by a psychiatrist and a psychologist holding a diploma of higher specialised studies or a master’s degree in psychology, other than those designated under 4° and 5° of Article R. 61-8. The conclusions of this examination are notified by registered letter to the sentenced person and their lawyer or, if the person is detained, by the head of the…
The purposes of the automated processing of personal data relating to the monitoring of persons placed under mobile electronic surveillance provided for by article L. 544-2 of the Penitentiary Code, the information and personal data that may be recorded therein, the operating and access rules, the rights of the persons concerned by the processing, as well as the possibilities of interconnection or linking with other processing, are determined by the…
The provisions of this section apply to all placements under mobile electronic surveillance ordered pursuant to the provisions of articles 131-36-9 du code pénal or 723-29, 723-30, 731-1 and 763-3 of this code.
The functionalities and approval procedures for the process enabling placement under mobile electronic surveillance are determined by the dispositions de l’article R. 544-7 du code pénitentiaire.
When it receives an application for a measure involving placement under mobile electronic surveillance or when it is considering imposing such a measure ex officio, the sentence enforcement court may instruct the prison administration to ensure the availability of the technical device described in article R. 544-7 du code pénitentiaire as well as the technical feasibility of the project, to verify the family, material and social situation of the sentenced…
The sentence enforcement court may at any time appoint a doctor to verify that the implementation of the procedure mentioned in article R. 544-7 du code pénitentiaire is not harmful to the person’s health. This appointment is made automatically at the request of the person or their counsel. The medical certificate is placed on file.
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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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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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