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Article 764-11 of the French Code of Criminal Procedure

The public prosecutor shall forward to the competent authority of the executing State a certified copy of the sentencing decision or probation decision and the original or a copy of the certificate referred to in Article 764-6. He shall also send that authority a translation of the certificate either into the official language or one of the official languages of the executing State, or into one of the official languages…

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Article 764-12 of the French Code of Criminal Procedure

The public prosecutor may decide to withdraw the certificate, provided that monitoring has not begun in the executing State, in the following cases: 1° Where it considers that the maximum period of deprivation of liberty provided for under the domestic law of the executing State that may be imposed in the event of non-compliance with alternative sanctions or probation measures is insufficient; 2° Where recognition of the sentence or probation…

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Article 764-13 of the French Code of Criminal Procedure

Where the competent authority of the executing State has informed the public prosecutor that it recognises the sentence or the probation decision, the competent authorities of the executing State shall become solely competent to supervise the probation measures or alternative sanctions imposed, as well as for amending the obligations or instructions, revoking the suspension of enforcement of the sentence or conditional release and taking any decision in the event of…

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Article 764-14 of the French Code of Criminal Procedure

The public prosecutor shall without delay inform the competent authorities of the executing State, by any means which leaves a written record, of any circumstances or findings brought to his attention which appear to him to be such as to give rise to a modification of the probation measure or alternative sanction, the revocation of the suspension of enforcement of the sentence or of the decision on conditional release, or…

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Article 764-15 of the French Code of Criminal Procedure

The French judicial authorities shall once again have jurisdiction, at the initiative of the executing State, in the event of non-compliance with the obligations or injunctions mentioned in the sentence or probation decision, to pronounce the revocation of the suspension of enforcement of the sentence or conditional release or to pronounce and enforce a custodial sentence in cases where the executing State has declared to the General Secretariat of the…

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Article 764-16 of the French Code of Criminal Procedure

At the initiative of the competent authority of the executing State, the French judicial authorities once again become competent to monitor alternative sanctions or probation measures where the sentenced person has absconded or is no longer ordinarily resident, under lawful conditions, in the territory of the executing State. Where, following recognition of a conviction or a probation decision by the competent authorities of the executing State, new criminal proceedings are…

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Article 764-18 of the French Code of Criminal Procedure

The Public Prosecutor shall receive requests for recognition and enforcement in the territory of the Republic of convictions or probation decisions handed down by the courts of other Member States. It may also ask the competent authority of another Member State to forward to it a request for recognition and enforcement in the territory of the Republic of a conviction handed down by a court in that State. If the…

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Article 764-19 of the French Code of Criminal Procedure

The competent public prosecutor is the one in whose jurisdiction the convicted person’s lawful habitual residence is located. Failing this, the public prosecutor at the Paris judicial court has jurisdiction. If the public prosecutor to whom the request has been addressed by the sentencing State for the purposes of recognition and enforcement does not have jurisdiction, he will forward it without delay to the competent public prosecutor. The competent authority…

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Article 764-20 of the French Code of Criminal Procedure

Where, before transmitting the conviction or probation decision and the certificate, the competent authority of the sentencing State consults the Public Prosecutor in cases where, pursuant to 2° of article 764-5, recognition of the conviction or decision is subject to the consent of the executing State, the Public Prosecutor consents to the transmission of the conviction or probation decision if the person concerned is of French nationality. In all other…

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