Paragraph 2: Provisions relating to the enforcement judge

The sentence enforcement judge sets the main terms and conditions for the enforcement of custodial sentences or certain sentences restricting freedom by guiding and monitoring the conditions of their enforcement, in accordance with the principles laid down by article 707. To this end, he is assisted by the Sentence Enforcement Commission, as well as by the Penitentiary Integration and Probation Service, which the magistrate mandates to monitor convicts subject to…

The sentence enforcement committee sitting in each prison includes the members mentioned in article 712-4-1. The sentence enforcement judge may, with the agreement of the head of the establishment, call upon these persons either on a permanent basis or for a specific session, so that they can be heard by the committee if necessary: 1° To members of the management staff, to a member of the commanding body, to a…

An individual file concerning each convicted offender monitored by this magistrate is kept at the registry of the sentence enforcement judge. This file includes copies of the documents from the proceedings leading to his sentence and which are necessary for the enforcement of the sentence. It also includes reports drawn up and decisions taken during the enforcement of the sentence. The opinion of the prison administration representative provided for in…

The sentence enforcement judge orders the extraction of sentenced persons, either with a view to their appearance in his chambers when he has deemed it useful, or to proceed with the adversarial hearings provided for by law when these do not take place within the prison establishment, or more generally for the enforcement of a decision falling within his jurisdiction. He shall request extraction by the police, gendarmerie or prison…

When the sentence enforcement judge is required to travel to a prison in order to carry out the duties devolved upon him or her by this Code or by the provisions of the Criminal Code, travel and subsistence allowances shall be allocated to him or her under the conditions referred to in articles R. 90 (10°) and R. 200 of this code. The same applies to the court clerk who…

When an application under the provisions of Article 712-5, the sentence enforcement judge must rule by reasoned order no later than two months after the application has been lodged under the conditions set out in article D. 49-11. Failing this, the sentenced person may apply directly to the President of the Enforcement Division of the Court of Appeal, by registered letter with acknowledgement of receipt or in accordance with the…

The adversarial hearing before the sentence enforcement judge provided for in Article 712-6 must take place no later than the fourth month following the submission of the application under the conditions provided for by l’article D. 49-11. Failing this, the sentenced person may apply directly to the Enforcement Division of the Court of Appeal, by registered letter with acknowledgement of receipt or in accordance with the procedures set out in…

The sentence enforcement judge may, without proceeding with the adversarial debate provided for in Article 712-6, declare by reasoned order that a request for sentence adjustment is inadmissible pursuant to the provisions of Articles D. 49-11 and D. 49-12 or because it has been submitted by a convicted offender who has not served the time required by law to qualify for the measure requested, where applicable due to the existence…

When the enforcement judge receives a request from the public prosecutor to impose a judicial restraint order or enforce a days’ fine, and finds that the convicted offender has paid the fine or days’ fine, he or she will issue a reasoned order stating that the request has become devoid of purpose, without the need for an adversarial hearing.

The sentence enforcement judge who, in the case provided for by Article 712-8, considers modifying a measure on its own initiative or receives a request for modification from the sentenced person, communicates the case file to the public prosecutor for an opinion, before ruling by reasoned order or, if the public prosecutor has so requested, after an adversarial debate, in accordance with the provisions of this article. When the sentence…