The decision to release an offender on full parole may be made before the date on which the remainder of the sentence is at least equal to three months, provided that it specifies that the measure that has been ordered will only be implemented from that date.
Release under constraint as of right is applicable even when proceedings are pending before the sentence enforcement courts. On the other hand, it does not apply to persons undergoing sentence adjustment in prison, except when they are placed outside under the supervision of prison staff under the conditions defined in articles D. 129 of the present code and D. 424-10, D. 424-11, D. 424-12 and D. 424-13 of the prison…
The crimes and offences for which socio-judicial supervision is incurred and which are liable, in accordance with the provisions of articles 723-29 to 723-37, to give rise to judicial supervision of a convicted offender where the custodial sentence handed down is equal to or greater than seven years are: 1° Crimes of deliberate endangerment provided for by articles 221-1 to 221-5-1 of the Criminal Code; 2° Crimes of acts of…
Persons covered by the provisions of article D. 147-31 may not be placed under judicial supervision: 1° If they have been sentenced to socio-judicial supervision, unless this sentence was handed down for acts committed before 13 December 2005, in accordance with the provisions of the last paragraph of article 41 of law no. 2005-1549 of 12 December 2005 relating to the treatment of recidivism in criminal offences. 2° If they…
At the beginning of each month, the prison registry sends the public prosecutor a copy of the criminal record of persons sentenced to a custodial sentence of seven years or more, or, if the person has been sentenced for repeat offences, five years, and whose release is due to take place between the sixth and twelfth months thereafter, for the purpose of possible placement under judicial supervision. A copy of…
The public prosecutor checks whether the person is a person convicted of a crime or offence mentioned in article D. 147-31 and against whom socio-judicial supervision has not been ordered. When this is the case, it checks with the sentence enforcement judge to see if a parole project is being considered. If no application for conditional release is registered with the registry of the sentence enforcement judge, or if, if…
In order to assess the need for judicial supervision, the sentence enforcement judge and the public prosecutor may, in accordance with the provisions of Article 723-31, order a medical examination, the provisions of Article 712-21 requiring for certain crimes a duality of experts not being applicable to this expertise. If they consider it appropriate, they may also order, in accordance with the provisions of Article 723-31-1 alternatively or cumulatively: the…
If the expert opinion ordered pursuant to the provisions of article 723-31 concludes that the sentenced person is dangerous and establishes a risk of re-offending that appears to be proven, the public prosecutor shall request that the sentenced person be placed under judicial supervision upon release in accordance with the provisions of article 723-29 and forwards his recommendations to the sentence enforcement judge for referral to the sentence enforcement court.
The expert opinion provided for in article 723-31 may not be ordered if the convicted person’s individual file contains an expert report dating back less than two years, ordered where applicable when an application for conditional release was made, and which concludes that the convicted person is dangerous and from which it emerges that there is a risk of reoffending that appears to be proven. However, in the case of…
In accordance with the provisions of the last paragraph of Article 723-30, judicial supervision includes the obligation to comply with the treatment order provided for by Article 131-36-4 of the Criminal Code when the medical assessment provided for by article 723-31 or by Article D. 147-36 concludes that the sentenced person is likely to be subject to treatment. The sentence enforcement court notes this obligation in its decision to place…
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.
