Title II: Detention

The Public Prosecutor receives requests for the recognition and enforcement on French territory of convictions handed down by the courts of other Member States. He may also ask the competent authority of another Member State to forward to him a request for recognition and enforcement on French territory of a conviction handed down by a court in that State. It may obtain or have obtained any additional information it deems…

The competent public prosecutor is the one in whose jurisdiction the last known residence of the convicted person is located, the place where the person is held in custody or the place where the offence was committed when part of the offence was committed on French territory. Failing this, the public prosecutor at the Paris judicial court has jurisdiction. If the public prosecutor to whom the request has been sent…

Where, before transmitting the conviction and the certificate, the competent authority of the convicting State consults the Public Prosecutor, the latter shall inform him without delay if, pursuant to 3° of Article 728-11, the recognition of the decision is subject to the consent of the executing State, of its decision whether or not to consent to the transmission of the sentencing decision and the certificate. When consulted by the competent…

When requested to do so by the competent authority of the sentencing State, the public prosecutor will hear the sentenced person or the person responsible for assisting or representing them on account of their minority or a protection measure, if they are on French territory, in order to obtain their written or oral observations. These observations are attached to the file. Where appropriate, the court will obtain the sentenced person’s…

When a public prosecutor receives a request from a Member State for recognition and enforcement in France of a custodial sentence or detention order handed down by a court in that State, he or she shall ensure that the competent authority in the convicting State forwards the sentence or a certified copy of it and the certificate referred to in article 728-12 and its translation into French. The public prosecutor…

The public prosecutor may ask the competent authority of the sentencing State whether it consents to the sentenced person being prosecuted, sentenced or deprived of liberty in France for an offence committed prior to his or her transfer. The request must include the information provided for in Article 695-13 and be translated in accordance with the procedures provided for in l’article 695-14.

When it intends to oppose one of the grounds for refusal provided for in 1° to 4°, 7°, 10° and 11° of Article 728-32 or in 1° of Article 728-33, the public prosecutor shall inform the competent authority of the convicting State in order to enable it to provide any additional information.

At the request of the competent authority of the sentencing State, the public prosecutor shall inform it of the provisions applicable to conditional or early release.