Chapter III: Courts for the enforcement of sentences

The adversarial hearing before the sentence enforcement judge provided for in Article 712-6 must take place no later than the fourth month following the submission of the application under the conditions provided for by l’article D. 49-11. Failing this, the sentenced person may apply directly to the Enforcement Division of the Court of Appeal, by registered letter with acknowledgement of receipt or in accordance with the procedures set out in…

The sentence enforcement judge may, without proceeding with the adversarial debate provided for in Article 712-6, declare by reasoned order that a request for sentence adjustment is inadmissible pursuant to the provisions of Articles D. 49-11 and D. 49-12 or because it has been submitted by a convicted offender who has not served the time required by law to qualify for the measure requested, where applicable due to the existence…

When the enforcement judge receives a request from the public prosecutor to impose a judicial restraint order or enforce a days’ fine, and finds that the convicted offender has paid the fine or days’ fine, he or she will issue a reasoned order stating that the request has become devoid of purpose, without the need for an adversarial hearing.

The sentence enforcement judge who, in the case provided for by Article 712-8, considers modifying a measure on its own initiative or receives a request for modification from the sentenced person, communicates the case file to the public prosecutor for an opinion, before ruling by reasoned order or, if the public prosecutor has so requested, after an adversarial debate, in accordance with the provisions of this article. When the sentence…

When the sentence enforcement judge issues a warrant to bring a person pursuant to the first paragraph of Article 712-17, the provisions of the second paragraph of article 125 and those of article 127 are applicable, the powers conferred by these articles on the investigating judge and the liberty and custody judge being exercised by the sentence enforcement judge and the public prosecutor respectively.

The warrant to bring in a person issued in an emergency by the public prosecutor pursuant to the third paragraph of Article 712-17 may be sent by any means to the police service or gendarmerie unit responsible for its execution. If necessary, this warrant is the subject of telephone instructions sent by the public prosecutor to the judicial police officer. It is subsequently attached to the proceedings. The public prosecutor…