Section 4: Common provisions

In the exercise of their powers, the sentence enforcement courts may carry out or have carried out, throughout the national territory, all examinations, hearings, investigations, expert reports, requisitions, including those provided for by the article 132-22 of the Penal Code or any other measure, to enable a decision to individualise a sentence to be made or to ensure that a convicted offender complies with the obligations incumbent upon him following…

Prior to any decision resulting in the temporary or permanent cessation of imprisonment of a person sentenced to a custodial sentence before the expiry date of that sentence, the sentence enforcement courts shall take into consideration the interests of the victim or the civil party with regard to the consequences for the latter of this decision. The measures provided for in Article 712-16 may relate to the consequences of decisions…

If there is a risk that the convicted person may find himself in the presence of the victim or the civil party and if, in view of the nature of the offences or the personality of the person concerned, it appears that such a meeting should be avoided, the sentence enforcement courts shall attach to any decision resulting in the temporary or permanent cessation of imprisonment a prohibition on entering…

Where the sentenced person is an adult who, in accordance with article 706-112, of a legal protection measure, their curator, guardian or the person designated in application of articles 706-114 or 706-117 is notified of the date of the adversarial hearing provided for in article 712-6 or the hearing provided for in article 712-13. This curator, guardian or person may make written observations or be heard as a witness by…

The sentence enforcement judge may issue a warrant to bring in a convicted offender under his supervision if the latter fails to comply with the obligations incumbent upon him. If the convicted person is a fugitive or resides abroad, the judge may issue an arrest warrant. The issue of the arrest warrant suspends, until it is executed, the time limit for the execution of the sentence or accommodation measures. In…

In the event of non-compliance with the obligations incumbent on a convicted offender subject to a semi-liberty measure, external placement or home detention under electronic surveillance, the sentence enforcement judge may, after consulting the public prosecutor, order the suspension of the measure. Failing the adversarial debate provided for by Article 712-6 within a period of fifteen days following the sentenced person’s incarceration that results from this suspension, the person shall…

In the event of non-compliance with the obligations incumbent on a convicted offender subject to a sentence of home detention under electronic surveillance, a probationary suspended sentence, a suspended sentence with an obligation to perform community service, socio-judicial monitoring, judicial supervision, a suspended or split sentence or conditional release, the sentence enforcement judge may order, after consulting the public prosecutor, the provisional incarceration of the convicted offender. The same applies…

A violation by the convicted person of the obligations to which he or she is subject, committed during the period of enforcement of one of the measures, including probation, mentioned in articles 712-6 and 712-7 may give rise to the extension, revocation or withdrawal of the measure after its expiry date when the competent sentencing judge or court has been seized or has been seized for this purpose no later…

The measures mentioned in articles 712-5,712-6 and 712-7, with the exception of reductions in sentence not leading to immediate release and escorted leave authorisations, may not be granted without a prior psychiatric assessment to a person who has been sentenced to socio-judicial supervision. This expertise is carried out by two experts when the person has been sentenced for the murder, assassination or rape of a minor under the age of…

When deciding whether to grant one of the measures provided for in Articles 712-6 and 712-7, the sentence enforcement courts may in the same judgment, at the request of the convicted person, relieve him or her in whole or in part, including as regards duration, of a prohibition resulting ipso jure from a criminal conviction or imposed as an additional penalty, either from holding a public office or a professional…