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Article D32-16 of the French Code of Criminal Procedure

In accordance with the provisions of articles 139 and 142-8, the investigating judge may, at any time during the investigation: 1° Impose one or more new obligations on the person placed under house arrest with electronic surveillance; 2° Remove all or some of the obligations that have been imposed; 3° Modify one or more of these obligations; 4° Grant occasional or temporary dispensation from observing some of them. This decision…

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Article D32-17 of the French Code of Criminal Procedure

The prior agreement of the investigating judge provided for by article 142-9 for the hours of presence at home or in the places of assignment to be modified by the head of the penitentiary establishment or by the director of the penitentiary integration and probation service, provided that the changes are favourable to the person under investigation and do not affect the balance of the supervision measure, shall be mentioned…

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Article D32-18 of the French Code of Criminal Procedure

Copies of the decisions of the head of the prison or the director of the prison integration and probation service modifying the hours of presence at home or in the places of assignment shall be sent without delay to the examining magistrate. This magistrate may cancel the modifications granted by order that is not subject to appeal, without prejudice to the possibility for the person to make an application for…

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Article D32-19 of the French Code of Criminal Procedure

In accordance with the provisions of articles 140 and 142-8, release from house arrest with electronic surveillance may be ordered at any time by the examining magistrate, either ex officio, or at the request of the public prosecutor, or at the request of the person after advice from the public prosecutor. The investigating judge shall rule on the person’s request within five days, by reasoned order subject to appeal, in…

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Article D32-20 of the French Code of Criminal Procedure

In accordance with the provisions of articles 141-2 and 142-8, if the person under investigation voluntarily evades the obligations of house arrest with electronic surveillance, the investigating judge may issue a warrant for his arrest or bringing to trial. The investigating judge may also, under the conditions provided for in the fourth paragraph of Article 137-1, refer the matter to the juge des libertés et de la détention for the…

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Article D32-21 of the French Code of Criminal Procedure

In accordance with the provisions of articles 141-3 and 142-8, when pre-trial detention is ordered following the revocation of house arrest with electronic surveillance against a person previously placed in pre-trial detention for the same facts, the cumulative period of detention may not exceed by more than four months the maximum period of detention provided for respectively in articles 145-1 and 145-2. Where the sentence incurred is less than that…

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Article D32-23 of the French Code of Criminal Procedure

In accordance with the provisions of Article 179, in the event that the person under investigation is referred to the criminal court, the house arrest with electronic surveillance ends, unless the investigating judge orders the measure to be maintained, giving reasons. In this case, the total duration of the house arrest, taking into account that executed during the investigation, may not exceed a period of two years in accordance with…

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Article D32-24 of the French Code of Criminal Procedure

In accordance with the provisions of Article 181, in the event that the person under investigation is indicted before the Assize Court, house arrest with electronic surveillance shall continue to have effect. The total duration of the house arrest, taking into account that executed during the investigation, may not then exceed a period of two years in accordance with the provisions of the second paragraph of article 142-7. The investigating…

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Article D32-25 of the French Code of Criminal Procedure

If the person evades the obligations of house arrest with electronic surveillance while being brought before the trial court, the public prosecutor may refer the matter to the liberty and custody judge for the latter to issue an arrest warrant or a warrant to bring the person to trial. This magistrate is also competent to order, in accordance with the provisions of article 135-2, that the person concerned be remanded…

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