Title II: Detention

The representative of the Public Prosecutor’s Office at the court which handed down the sentencing decision shall be competent to forward to the competent authority of another Member State of the European Union, for the purpose of having that decision recognised and enforced, a copy of the decision and, after having drawn up and signed it, the certificate provided for in Article 728-12. He may make this transmission at the…

Before transmitting the sentencing decision and the certificate, the representative of the Public Prosecutor’s Office may consult the competent authority of the executing State in order to determine, in particular, whether enforcement of the sentence in the territory of that State is likely to facilitate the social rehabilitation of the sentenced person. Such consultation is mandatory in cases other than those referred to in 1° and 2° of Article 728-11.

When the convicted person is on French territory, the representative of the Public Prosecutor’s Office shall conduct or arrange for the convicted person to be heard in order to obtain his or her oral or written observations on the planned transmission. The representative of the Public Prosecutor’s Office shall obtain the convicted person’s consent where this is required pursuant to 3° of Article 728-11. If the convicted person is a…

If the representative of the public prosecutor’s office decides to forward the sentencing decision and the certificate to the competent authority of the executing State, he or she shall inform the sentenced person of this in a language he or she understands. He shall also inform him : 1° That, if the sentence is enforced in the territory of that State, the enforcement of the sentence will be governed by…

The representative of the public prosecutor shall forward to the competent authority of the executing State a certified copy of the sentencing decision and the original or a copy of the certificate referred to in article 728-12 and, where applicable, a copy of the record of the hearing of the convicted person and the record of the hearing of the person responsible for representing or assisting him or her. He…

When the sentenced person is on the territory of the executing State, the public prosecutor may ask the competent authority of that State, when forwarding the sentencing decision and the certificate, to provisionally arrest the sentenced person or to take any measure to ensure that he or she remains on the territory of that State pending the decision on recognition and enforcement. In urgent cases, if the representative of the…

When the representative of the public prosecutor is consulted by the competent authority of the executing State on partial recognition of the sentencing decision, he or she shall examine whether an agreement can be reached, after considering the possible arrangements for such a solution in conjunction with that authority. Partial enforcement of the sentence may not result in an increase in the length of the custodial sentence or detention order….

As long as the enforcement of the sentence has not begun, the representative of the public prosecutor’s office may, at any time, decide to withdraw the certificate, subject to article 728-22-1. He shall inform the competent authority of the executing State of the reason for such withdrawal. The certificate shall be withdrawn, in particular, when: 1° The competent authority of the enforcing State having issued, subsequent to the transmission of…

The sentenced person may challenge the decision of the representative of the public prosecutor’s office before the president of the enforcement division of the court of appeal: 1° To automatically forward a sentencing decision to the competent authority of another European Union Member State for enforcement pursuant to the third paragraph of Article 728-15 ;