Section 3: Procedure in the event of an appeal

The decisions of the sentence enforcement judge and the sentence enforcement court may be appealed by the sentenced person, by the public prosecutor and by the public prosecutor, as from their notification: 1° Within a period of twenty-four hours in the case of the orders mentioned in articles 712-5,712-8,713-43 and, 713-44 and 720; 2° Within ten days in the case of the judgments referred to in Articles 712-6 and 712-7.

An appeal against the orders referred to in 1° of Article 712-11 shall be referred to the president of the enforcement division of the court of appeal, who shall rule by reasoned order in the light of the written observations of the public prosecutor and those of the convicted offender or his lawyer.

An appeal against the judgments referred to in the articles 712-6 and 712-7 is brought before the Enforcement of Sentences Chamber of the Court of Appeal, which rules in a reasoned judgment after an adversarial debate during which the prosecution’s case and the sentenced person’s lawyer’s observations are heard. The sentenced person is not heard by the chamber, unless it decides otherwise. His or her hearing is then held, in…

The decisions of the enforcement judge and the enforcement court are provisionally enforceable. However, where the public prosecutor’s appeal is lodged within twenty-four hours of notification, it suspends enforcement of the decision until the enforcement division of the court of appeal or its president has ruled. The case must be heard no later than two months after the public prosecutor’s appeal, failing which the appeal is null and void.

The orders and judgments mentioned in articles 712-12 and 712-13 may, within five days of their notification, be the subject of an appeal in cassation, which does not have suspensive effect.