Title II: Detention

The public prosecutor shall recognise the sentencing decision as enforceable on French territory in the absence of one of the grounds for refusal provided for in Articles 728-32 and 728-33. In the event that, pursuant to 3° of article 728-11, the consent of the competent authority of the executing State is required, the public prosecutor shall assess whether it is appropriate to give it, considering, in particular, the interest of…

If the sentencing decision can be recognised as enforceable in France, the public prosecutor will assess whether the custodial sentence or detention order should be adjusted. Where the length of the custodial sentence or detention order handed down is longer than that which could legally have been handed down by a French court for the same offence, the public prosecutor will propose that it be reduced to the legal maximum…

Where the conviction is for more than one offence and, for one of the reasons set out in articles 728-32 or 728-33, it cannot be recognised and enforced insofar as it relates to one or some of these offences, the public prosecutor shall consult the competent authority of the convicting State in order to determine whether partial enforcement of the decision, in respect of only those offences that may justify…

When the public prosecutor proposes to adapt the sentence pursuant to Article 728-44, he shall immediately refer the matter to the president of the judicial court or the judge delegated by him for approval of the proposed adaptation. He shall send the president of the court or the judge delegated by him all the documents relating to the proceedings.

Within five days of the matter being referred to him, the president of the judicial court or the judge delegated by him shall decide, in the light of the documents communicated to him, whether to homologate the adaptation proposal formulated by the public prosecutor. Reasons must be given for any order refusing approval.

The decision of the public prosecutor referred to in Article 728-43 and, where applicable, the order approving or refusing to approve the proposal to adapt the custodial sentence or detention order referred to in Article 728-47 are notified without delay to the sentenced person. The convicted person is informed by a note in the notification that, if he or she does not accept this decision, he or she has a…

If the public prosecutor refuses to approve the adaptation proposal that he has made, he may either submit a new request to the president of the judicial court or the judge delegated by him, submitting another decision or the same decision with different reasons or based on new elements, or, within ten days of the order refusing approval, refer the matter to the Criminal Appeals Chamber for a ruling on…

In the event of a referral to the Criminal Appeals Chamber, the decision of the Public Prosecutor and the order of the President of the Judicial Court or the judge delegated by him shall be null and void. .

The hearing of the Criminal Appeals Chamber is public, except if the person is a minor or if publicity is likely to prejudice the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the Criminal Appeals Chamber, at the request of the Public Prosecutor, the convicted person’s lawyer or of its own motion, will give a ruling…

When it is in possession of the necessary information, the Criminal Appeals Chamber shall decide, within a maximum of fifteen days, whether to recognise the decision sentencing the person to a custodial sentence or security measure as enforceable on French territory. Articles 728-37 to 728-39 and 728-42 to 728-44 are applicable. For the application of these same articles, the criminal appeals chamber exercises the powers of the public prosecutor. When…