Section 7: Judicial supervision, house arrest and pre-trial detention

The person under investigation is placed under judicial supervision by an order of the examining magistrate, which may be made at any stage of the investigation. The examining magistrate may, at any time, impose one or more new obligations on the person placed under judicial supervision, cancel all or part of the obligations included in the supervision, modify one or more of these obligations or grant occasional or temporary dispensation…

The release from judicial supervision may be ordered at any time by the investigating judge, either ex officio, or on the application of the public prosecutor, or on the application of the person after advice from the public prosecutor. The investigating judge shall rule on the person’s application within five days, by reasoned order. If the investigating judge fails to rule within this period, the person may refer his request…

The powers conferred on the investigating judge by Articles 139 and 140shall, in any event, fall within the jurisdiction of the competent court according to the distinctions of Article 148-1.

If the person under investigation voluntarily evades the obligations of judicial supervision, the examining magistrate may issue an arrest warrant or a warrant to bring him or her to trial. The investigating judge may also, under the conditions set out in the fourth paragraph of article 137-1, refer the matter to the liberty and custody judge for the purposes of remand in custody. Regardless of the prison sentence incurred, the…

When pre-trial detention is ordered following the revocation of a judicial supervision order against a person previously placed in pre-trial detention for the same acts, 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 mentioned in article 143-1, the total period of detention may not…

The police and gendarmerie units may, ex officio or on the instruction of the investigating judge, apprehend any person placed under judicial supervision against whom there are one or more plausible grounds for suspecting that he or she has failed to comply with the obligations incumbent upon him or her under 1°, 2°, 3°, 8°, 9°, 14°, 17° and 17° bis of article 138. The person may then, on the…

The police and gendarmerie units may, in accordance with the procedures set out in articles 56 to 58 and during the hours set out in Article 59, and after obtaining the agreement of the examining magistrate or on the instruction of this magistrate, carry out a search of the home of a person who, placed under judicial supervision or under house arrest with electronic surveillance, is prohibited from possessing a…

Where the person under investigation is ordered to provide security or sureties, such security or sureties shall guarantee: 1° The representation of the person under investigation, the accused or the defendant in all the acts of the proceedings and for the enforcement of the judgment, as well as, where applicable, the performance of the other obligations imposed on him; 2° Payment in the following order: a) Compensation for damage caused…

The investigating judge or the liberty and custody judge may, with the consent of the person under investigation, order, or decide, that the part of the bond allocated to guarantee the rights of the victim or the creditor of a maintenance debt be paid to them in advance, at their request. This payment may also be ordered, or decided, even without the consent of the person under investigation, when an…

The first part of the bond shall be returned or the first part of the sureties lifted if the accused, defendant or person under investigation has appeared for all the acts of the proceedings, has complied with the obligations of judicial supervision and has submitted to the enforcement of the judgment. If this is not the case, unless there is a legitimate excuse or a decision to dismiss the case,…