Section 7: Judicial supervision and pre-trial detention

The decision to place an adult under judicial supervision, on the basis of article 138-3, against a person of full age, a restraining order against the victim and the wearing of an anti-seizure bracelet is made by a reasoned order issued, depending on the case : 1° By the examining magistrate, in the light of the public prosecutor’s written request, which is read to the person under investigation, and after…

The judge may only apply the provisions of article 138-3 only if it appears that the prohibitions set out in 3° and 9° of Article 138 are, on their own, insufficient to prevent a repetition of the offence. In this case, the prohibition on approaching the victim and the obligation to wear an anti-seizure bracelet may only be ordered if, pursuant to article 138(3) and (9), there is also a…

In order to ensure the effectiveness of the prohibition provided for in 1° of Article 138-3, the anti-seizure device provided for in 2° of the same article ensures the geolocation of the person wearing the bracelet and the protected person to whom a remote protection device has been allocated, as well as linking these two processes with a remote operator. In order to verify the identity of these people remotely,…

The magistrate responsible for the measure may at any time appoint a doctor to check that the use of the anti-repulsion bracelet is not harmful to the person’s health. This appointment is made at the request of the person or their counsel. The medical certificate will be placed in the court file.

The warning distance separating the victim from the person placed under judicial supervision, expressed as a whole number of kilometres, may not be less than one kilometre or more than ten kilometres. The pre-alert distance is twice the alert distance. To determine the warning distance, the judge must reconcile the need to protect the victim with respect for the dignity, integrity and private, family and professional life of the person…