Paragraph 2: Terms and conditions of judicial supervision

The application of judicial supervision must not infringe the freedom of opinion of those subject to it or their religious or political convictions, nor defeat the rights of the defence.

Notice is given to the heads of the police or gendarmerie services of the place of residence of the person under investigation of any orders subjecting the latter to one of the obligations provided for in 1°, 2°, 3°, 4°, 8°, 9°, 12°, 14° and 17° of Article 138, as well as any orders abolishing, amending or dispensing with these obligations.

The service or authority to which the person under investigation must report periodically pursuant to 5° of Article 138 (paragraph 2) shall record the dates on which the person concerned has reported under the conditions laid down by the examining magistrate.

The authority or qualified person designated by the investigating judge to monitor the professional activities of the person under investigation or his or her attendance at a teaching course, pursuant to 6° of Article 138 (paragraph 2) may have the person under investigation produce any documents or information relating to his or her work or schooling.

The receipt given to the person under investigation in exchange for the documents referred to in 7° of Article 138 must mention the nature and references of the document withdrawn, the surname, forenames, date of birth and domicile of the person concerned; it must also include a recent photograph of the person under investigation and state that it constitutes proof of identity. The receipt must be returned by the person…

Where judicial supervision includes the obligation set out in 8° of article 138, the provisions of articles R. 131-3 to R. 131-4-1 of the Penal Code are applicable. The certificate they contain serves in lieu of a receipt. .

When subject to the obligation provided for in 10° of article 138 (paragraph 2) the accused chooses the practitioner or establishment that will provide the examination, treatment or care. He or she shall present or send to the judge all the evidence required. Where the provisions of articles L. 355-1 et seq. of the Public Health Code are applicable, the examining magistrate may order the accused person, under judicial supervision,…

When the investigating judge applies the measures provided for in 12° of Article 138 (paragraph 2), notice shall be given, where appropriate, either to the employer or the hierarchical authority to which the person under investigation reports, or to the professional association to which he or she belongs, or to the authority to whose approval the practice of his or her profession is subject.

When the investigating judge applies the measures provided for in 13° of Article 138 (paragraph 2), notice shall be given to the bank branch or agency, the person, establishment or service that manages the account(s) of the person under investigation.