Title II: Detention

When the sentenced person is on French territory and the competent authority of the sentencing State requests that, pending the decision on the recognition and enforcement of the sentencing decision, the sentenced person be subject to provisional arrest or any other measure designed to ensure that he or she remains on French territory, the public prosecutor, if he or she considers that the person does not present sufficient guarantees of…

When the person is brought before him, the public prosecutor checks his identity and informs him, in a language he understands, of the conviction against him and the request from the convicting State. He will inform the person that he intends to apply to the liberty and custody judge for his imprisonment, house arrest with electronic surveillance or placement under judicial supervision and that he may be assisted by a…

The convicted person may not be placed in detention or under house arrest with electronic monitoring pursuant to article 142-5 only if the remaining sentence to be served is two years or more, except in one of the cases mentioned in l’article 723-16.

The person appears before the liberty and custody judge assisted, if necessary, by his or her lawyer. The hearing is held in public, unless publicity would be detrimental to the smooth running of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the liberty and custody judge, at the request of the public prosecutor, the person’s lawyer or on his…

At any time, the person may ask the liberty and custody judge, in accordance with the procedures set out in articles 148-6 and 148-7, his release or the lifting of judicial supervision or house arrest with electronic surveillance. After communicating the request referred to in the first paragraph of this article to the Public Prosecutor for the purposes of making requisitions, the judge shall rule within a period of eight…

Orders made by the liberty and custody judge pursuant to articles 728-67 and 728-68 may be appealed to the chambre des appels correctionnels. The third paragraph of Article 194 and the sixth and seventh paragraphs of article 199 are applicable before the criminal appeals chamber.

The person is immediately released and the electronically monitored house arrest or judicial supervision is terminated if enforcement of the sentencing decision is refused or if the sentencing State withdraws the certificate.