Chapter II: Enforcement of custodial sentences

If the court has not issued a committal order with deferred effect pursuant to 3° of I of article 464-2, persons who are not imprisoned or who are serving a sentence under the semi-liberty, out-of-court placement or electronically supervised home detention regime, who have been sentenced to less than or equal to one year’s imprisonment or for whom the remaining term of imprisonment is less than or equal to one…

If, at the end of the summons, an adjustment measure or conversion of the sentence seems possible and if the person concerned agrees, the sentence enforcement judge shall order this measure or conversion in accordance with the procedures set out in the first or second paragraphs of l’article 712-6. If the judge does not have sufficient information to order this measure or conversion immediately, he may instruct the prison integration…

If the sentenced person does not wish to benefit from an adjustment or conversion of his sentence or if, in the light of the reasoned report from the prison integration and probation service, such an adjustment or conversion does not appear possible, the sentence enforcement judge may set the date of incarceration. Failing a decision by the sentence enforcement judge within six months of the communication of the copy of…

By way of derogation from the provisions of article 723-15, in the event of an emergency motivated either by a risk of danger to persons or property established by the occurrence of a new fact, or by the incarceration of the person in the context of other proceedings, or a proven risk of the sentenced person absconding, the public prosecutor may enforce the sentence in a prison establishment. It shall…

When a conviction mentioned in Article 723-15 has not been enforced within one year of the date on which the sentence became final, the sentenced person may apply to the sentence enforcement judge for one of the measures provided for in the first paragraph of Article 712-6, even if he or she has previously been refused, and this referral suspends the possibility for the public prosecutor to enforce the sentence…

When a conviction mentioned in Article 723-15 has not been enforced within three years of the date on which it became final, the sentenced person is summoned to appear before the sentence enforcement judge, before the sentence is enforced, in order to determine the way in which the sentence is best suited to the circumstances, his personality and his material, family and social situation. This summons suspends the possibility for…

Where the sentenced person has to serve a remaining sentence that is less than or equal to the sentence reductions that may be granted, the sentence enforcement judge may grant this measure without the need for the person to be reincarcerated.