Where the final decision on the recognition and enforcement of the conviction or the probation decision cannot be taken within sixty days of receipt of the sentencing decision and the certificate, the public prosecutor shall without delay inform the competent authority in the sentencing State, giving the reasons for the delay and the additional time he or she considers necessary for the decision to be taken. In the event that…
The public prosecutor shall without delay inform the competent authority of the sentencing State of the final decision taken on the recognition of the conviction or the probation decision. Where the final decision consists of a refusal to recognise and enforce the conviction or the probation decision, or involves an adaptation of the nature of the probation measure or alternative sanction or its duration, the public prosecutor shall also inform…
Enforcement of the conviction or probation decision is governed by the Penal Code and by this Code, including the enforcement of subsequent decisions taken when a probation measure or alternative sanction is not complied with or when the convicted person commits a new criminal offence. As soon as the decision to recognise the conviction or the probation decision as enforceable in France has become final, alternative sanctions or probation measures…
Withdrawal of the certificate by the sentencing State, for whatever reason, shall preclude enforcement of the sentence or the probation decision if it occurs before the alternative sanction or the probation obligations and measures have been enforced.
The sentence enforcement judge is competent to ensure, by himself or by any designated qualified person, the monitoring of probation measures and alternative sentences whose recognition is final. The sentence enforcement judge, or, where applicable, where the measure does not fall under his jurisdiction, the public prosecutor, shall enforce the alternative penalty or immediately take the appropriate measures to monitor the probation measure.
If the sentenced person cannot be found on the territory of the Republic, the sentence enforcement judge shall inform the competent authority of the sentencing State of the impossibility of enforcing the sentence or the probation decision.
The sentence enforcement judge is competent to take any subsequent measure to modify the obligations or the duration of the probationary period under the conditions set out in this code.
The sentence enforcement judge is also competent to issue a reasoned judgment, under the conditions provided for in article 712-6, revocation of conditional release or suspension of enforcement of the sentence and to impose the custodial sentence or measure involving deprivation of liberty provided for in the conviction or the probation decision issued by the authorities of the sentencing Member State, in the case of an alternative sanction. Where a…
The enforcement judge shall inform the competent authorities of the sentencing State without delay, by any means that leaves a written record, of any decision taken pursuant to Articles 764-38 and 764-39.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.