Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

If the public prosecutor refuses to approve the adaptation proposal that he has made, he may either submit a new request to the president of the judicial court or the judge delegated by him, submitting another decision or the same decision with different reasons or based on new elements, or, within ten days of the order refusing approval, refer the matter to the Criminal Appeals Chamber for a ruling on…

In the event of a referral to the Criminal Appeals Chamber, the decision of the Public Prosecutor and the order of the President of the Judicial Court or the judge delegated by him shall be null and void. .

The hearing of the Criminal Appeals Chamber is public, except if the person is a minor or if publicity is likely to prejudice the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the Criminal Appeals Chamber, at the request of the Public Prosecutor, the convicted person’s lawyer or of its own motion, will give a ruling…

When it is in possession of the necessary information, the Criminal Appeals Chamber shall decide, within a maximum of fifteen days, whether to recognise the decision sentencing the person to a custodial sentence or security measure as enforceable on French territory. Articles 728-37 to 728-39 and 728-42 to 728-44 are applicable. For the application of these same articles, the criminal appeals chamber exercises the powers of the public prosecutor. When…

The decision of the Criminal Appeals Chamber may be appealed to the Supreme Court. Article 568-1 and the first paragraph of article 567-2 shall apply.

Where, in exceptional cases, the final decision on the recognition and enforcement of the sentence cannot be taken within ninety days of receipt of the sentencing decision and the certificate, the public prosecutor will immediately inform the competent authority of the sentencing State, giving the reasons for the delay and the additional time he considers necessary for the decision to be taken. In the event that the public prosecutor or…

The public prosecutor will immediately inform the competent authority in the sentencing State of the final decision taken on the recognition and enforcement of the sentencing decision and, where appropriate, on the adaptation of the custodial sentence or detention order. Where the final decision consists of a refusal to recognise and enforce the sentencing decision or involves an adaptation of the custodial sentence or detention order, the public prosecutor will…