Article 728-53 of the French Code of Criminal Procedure
November 7, 2023
The decision of the Criminal Appeals Chamber may be appealed to the Supreme Court. Article 568-1 and the first paragraph of article 567-2 shall apply.
The decision of the Criminal Appeals Chamber may be appealed to the Supreme Court. Article 568-1 and the first paragraph of article 567-2 shall apply.
Where, in exceptional cases, the final decision on the recognition and enforcement of the sentence cannot be taken within ninety days of receipt of the sentencing decision and the certificate, the public prosecutor will immediately inform the competent authority of the sentencing State, giving the reasons for the delay and the additional time he considers necessary for the decision to be taken. In the event that the public prosecutor or…
The public prosecutor will immediately inform the competent authority in the sentencing State of the final decision taken on the recognition and enforcement of the sentencing decision and, where appropriate, on the adaptation of the custodial sentence or detention order. Where the final decision consists of a refusal to recognise and enforce the sentencing decision or involves an adaptation of the custodial sentence or detention order, the public prosecutor will…
As soon as the decision to recognise the sentencing decision as enforceable in France has become final, the custodial sentence or detention order may be enforced under the conditions laid down in the decision, for the part that remained to be served in the sentencing State. The enforcement of the sentence is governed by this code.
Where the sentencing decision is the subject of an amnesty or pardon in France or in the sentencing State, or of a suspension or annulment decided following the commencement of review proceedings in the sentencing State, or of any other decision or measure having the effect of removing its enforceability, the Public Prosecutor puts an end to its enforcement. A conviction handed down abroad may not be the subject of…
If the sentenced person cannot be found on French territory, the public prosecutor shall inform the competent authority of the sentencing State that it is impossible to enforce the sentencing decision for this reason.
Withdrawal of the certificate by the sentencing State, for any reason whatsoever, shall prevent enforcement of the sentence if it occurs before the sentenced person has been placed in prison for the purpose of enforcement.
The Public Prosecutor shall inform the competent authority of the sentencing State without delay: 1° Of the decisions or measures referred to in Article 728-57, other than those taken by the authorities of the sentencing State, which have rendered the sentencing decision unenforceable; 2° The escape of the sentenced person; 3° The conditional release of the sentenced person and the date on which this measure ended; 4° The fact that…
If the sentenced person is on the territory of the sentencing State, he or she will be transferred to French territory on a date set by the Minister of Justice in agreement with the competent authority of that State, no later than thirty days from the date on which the decision to recognise the sentence and enforce the custodial sentence or detention order becomes final. If transfer is impossible within…
A person transferred to French territory for the enforcement of a custodial sentence or detention order imposed by a court of a Member State may not be sought, prosecuted, sentenced or detained for any act prior to his transfer, other than that for which he was transferred, unless he is in one of the following cases: 1° Having had the opportunity to do so, he or she has not left…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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