Section 2: Rules of jurisdiction and procedure

Applications by the sentenced person for the imposition or modification of one of the measures covered by the provisions of Article 712-4 shall be the subject of a written request addressed to the sentence enforcement judge, signed by the sentenced person or their lawyer. This request is delivered to the clerk’s office of the sentence enforcement judge against a receipt or sent by registered letter with acknowledgement of receipt. If…

The sentenced person is not eligible to file an application concerning one of the measures covered by the provisions of Article 712-4 as long as a previous application relating to the same measure has not been decided by the competent first instance enforcement court. Applications made during the inadmissibility period set by the sentence enforcement court pursuant to the last paragraphs of the articles 712-13, D. 49-32, D. 49-33 and…

If the sentenced person is not incarcerated, the adversarial hearings provided for by Articles 712-6 and 712-7 are held in the judicial court. If the convicted person is imprisoned, these hearings are held in the prison, unless the provisions of Article 706-71 are applied, and subject to the provisions of the following paragraph. The sentence enforcement judge or the president of the sentence enforcement court may, however, decide that the…

For the application of the provisions of articles 712-6,712-7 and 712-8, the convicted offender may inform the enforcement judge of the name of the lawyer chosen by him: the choice of lawyer by the convicted offender may also result from the letter sent to the latter by this person and appointing him to defend him, a copy of which is given by the lawyer to the enforcement judge. The convicted…

The sentenced person shall be informed ten days before the date of the adversarial hearing provided for in articles 712-6,712-7 and 712-8 by registered letter if he or she is not imprisoned and by the prison registry otherwise. If he is assisted by a lawyer, the latter is summoned by registered letter or fax at least ten days before the hearing. The sentenced person may, however, expressly declare that he…

In urgent cases, in particular where the withdrawal or revocation of a measure is being considered, the time limit for summons provided for in Article D. 49-15 paragraph is not applicable, and the lawyer is notified of the date of the adversarial hearing by any means; the convicted person or his lawyer may, however, ask to be granted time to prepare his defence. The provisions of articles 712-18 or 712-19…

The sentence enforcement judge or the president of the sentence enforcement court may ask the prison administration representative to develop his opinion orally during the adversarial debate. The sentence enforcement judge or the president of the sentence enforcement court may call upon an interpreter of legal age, excluding the court clerk. If the interpreter is not sworn, he or she must take an oath to assist the justice system to…

When the public prosecutor is in favour of granting a sentence adjustment measure requested by the sentenced person, he or she may address written submissions to the sentence enforcement judge asking him or her to grant this measure without proceeding to an adversarial debate, in accordance with the provisions of the second paragraph of article 712-6. If the offender and his lawyer do not request an adversarial hearing, the sentence…

The number and day of hearings of the sentence enforcement judge and the sentence enforcement court are set by joint decision of the president of the judicial court and the public prosecutor. The decisions provided for in this article are taken, after the opinion of the general assembly of the court, at the end of the judicial year for the following judicial year, and may, if necessary, be modified during…

The judgement is handed down in chambers. If the judgement is handed down immediately, a copy of the judgement is given to the convicted person and, where applicable, to his lawyer, against a signature in the proceedings file except in cases where the copy of the judgement is not immediately available. If the decision has been taken under advisement, the judgment is notified to the convicted person in custody by…