The measures and conditions attached to conditional release are, according to the distinctions set out in this chapter, mandatory or special. They are intended to facilitate and verify the convicted person’s reintegration and prevent recidivism.
Any sentenced person, subject to the application of the provisions of Article 729-2, has the option of refusing his admission to conditional release, so that the measures and special conditions that it entails with regard to him cannot be applied without his consent. These measures and conditions must therefore be brought to the attention of the person concerned before the decision prescribing them is executed.
The sentenced person subject to conditional release must undergo the supervision measures provided for by article 132-44 of the Penal Code.
If justified by the nature of the offences committed by the offender and his personality, the decision granting conditional release may specify that the offender will be subject to enhanced monitoring by the prison integration and probation service. This indication may also be specified, subsequent to the parole decision, by an instruction sent by the sentence enforcement judge to the service responsible for monitoring the sentenced person.
In accordance with the provisions of article D. 530-5 of the Penitentiary Code governing the visits that the sentenced person is required to receive from the staff of the prison integration and probation service, the latter informs the sentence enforcement judge in the event of any difficulty in applying these same provisions.
The sentence enforcement judge may authorise the parolee to change residence, after consulting the sentence enforcement judge of the jurisdiction in which the convicted person intends to settle and, where release has been granted by the sentence enforcement court, the public prosecutor of that jurisdiction. The released person must obtain the authorisation of the sentence enforcement judge prior to any move lasting more than fifteen days, as well as for…
At least two weeks before the sentenced person’s release date, a copy of all or part of the individual file concerning him, including in particular the parole decision, shall be sent to the sentence enforcement judge of the judicial court in whose jurisdiction the sentenced person is to reside, to enable him to prepare for the implementation of the conditional release. Within one month of his release, the sentenced person…
The enforcement judge may, by order made in accordance with the provisions of Article 712-8, suspend the execution of all or part of the parole obligations, including those resulting from placement under mobile electronic surveillance, for medical reasons, in particular if the person is hospitalised. This suspension is valid for a maximum of three months. It may be renewed under the same terms and conditions if the convicted person’s state…
The decision granting a convicted offender the benefit of conditional release may make the granting of this measure subject to one of the following conditions: 1° Having satisfied a test of semi-liberty, home detention under electronic supervision or unsupervised out-of-home placement, the terms of which are determined by the said decision, or having been granted one or more temporary absences; 2° Handing over all or part of his or her…
The decision granting a sentenced person the benefit of conditional release may also make the granting and continuation of this measure subject to one of the obligations and prohibitions set out in articles 131-36-2, 132-44 and 132-45 of the Penal Code.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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
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