Article D32-3 of the French Code of Criminal Procedure
The procedures for applying the provisions of articles 142-5 to 142-13 relating to house arrest with electronic surveillance are specified by the provisions of this subsection.
Home | French Legislation Articles | French Code of Criminal Procedure | Regulatory part - Simple decrees | Book I: Public prosecutions and investigations | Title III: Investigating courts | Chapter I: The investigating judge: court of first instance | Section 7: Judicial supervision, house arrest with electronic surveillance and pre-trial detention
The procedures for applying the provisions of articles 142-5 to 142-13 relating to house arrest with electronic surveillance are specified by the provisions of this subsection.
When an application for placement under house arrest with electronic surveillance is referred to him or when he is considering imposing such a measure, the investigating judge or the liberty and custody judge or, in the event of an appeal, the president of the investigating chamber may instruct the prison integration and probation service: 1° To ensure the availability of the technical device described in l’article R. 57-11 ou R….
Where the place of assignment to be designated is not the home of the person under investigation, the written agreement of either the owner or the holder(s) of the lease for the premises where the receiver may be installed shall be obtained by the prison probation service. This collection is not necessary, however, if this agreement is already in the case file.
When considering imposing such a measure, the investigating judge or the liberty and custody judge shall inform the person under investigation that he or she may request at any time that a doctor check that the procedure described in Article R. 622-1 or the article R. 544-7 du code pénitentiaire does not present a health risk.
The order placing the person under house arrest with electronic surveillance shall state the reasons on which it is based in accordance with the provisions of article 142-6. It specifies the home or residence to which the person is assigned as well as the days and times of assignment and the reasons for which the person is authorised to be absent from this home or residence. It also specifies, where…
The investigating judge or the liberty and custody judge who issued the house arrest order informs the person under investigation that: 1° In the event that he or she fails to comply with the obligations imposed, the house arrest order may be revoked and he or she may be remanded in custody. 2° The fitting of the bracelet containing a transmitter provided for in article R. 57-11 may be carried…
If this has not already been done, this magistrate shall also inform the person under investigation that he or she may at any time request that a doctor check that the implementation of the procedure described in Article R. 57-11 does not present any inconvenience to his or her health.
If house arrest with electronic surveillance is ordered when a person is released, the information provided for in articles D. 32-11 and D. 32-12 are included in the order. The investigating judge or the liberty and custody judge may decide that his order is made subject to the condition precedent that the device provided for in article 723-8 and that the person’s release is subject to the fitting of the…
The entry in a nominative register of the person placed under house arrest with electronic surveillance, as well as the fitting and removal of the device to be worn by the person assigned, shall be carried out by prison administration staff under the conditions determined by the provisions of article D. 632-2 of the Penitentiary Code. In accordance with the provisions of article D. 632-4 of the same code, the…
In the event of placement under house arrest with mobile electronic surveillance, the person shall be subject to the automated processing provided for by articles 763-12 of this code and R. 544-18 et seq. of the Penitentiary Code. Articles R. 61-21 to R. 61-31-1 are applicable, with the investigating judge exercising the powers of the sentence enforcement judge. Articles R. 544-5 and R. 544-7 to R. 544-9 of the Penitentiary…
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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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