Subsection 2: House arrest with electronic surveillance

Home detention with electronic surveillance may be ordered, ex officio or at the request of the person concerned, by the investigating judge or by the liberty and custody judge if the person under investigation is facing a criminal prison sentence of at least two years or a more serious sentence. This measure obliges the person to remain at his or her home or at a residence set by the investigating…

Home detention with electronic monitoring is decided by reasoned order of the investigating judge or the liberty and custody judge, who rules after an adversarial hearing in accordance with Article 145 or in the light of the public prosecutor’s written submissions, which are read to the person under investigation, and after hearing his or her observations and those of his or her lawyer. It may also be decided, without adversarial…

Home detention is ordered for a period that may not exceed six months. During the investigation, it may be extended for the same period in accordance with the procedures set out in the first paragraph of Article 142-6, without the total duration of the placement exceeding two years. When the person referred to the criminal court or assize court is maintained or remains under house arrest in accordance with articles…

The second paragraph of Article 139 and the articles 140 and 141-3 are applicable to house arrest with electronic surveillance. A person who fails to comply with the obligations resulting from house arrest with electronic surveillance may be the subject of an arrest warrant or summons and placed in pre-trial detention, in accordance with Article 141-2.

With the prior agreement of the examining magistrate, the hours of presence at home or in the places of assignment may, in the case of modifications favourable to the person under investigation that do not affect the balance of the supervision measure, be modified by the head of the penitentiary establishment or the director of the penitentiary integration and probation service, who shall inform the examining magistrate.

In the event of a decision to dismiss, acquit or acquit having become final, the person placed under house arrest with electronic surveillance shall be entitled to compensation for the harm suffered in accordance with the procedures laid down in articles 149 to 150.

Home detention with electronic monitoring is treated in the same way as pre-trial detention for the purposes of counting its full duration against that of a custodial sentence, in accordance with Article 716-4.

Investigating and sentencing courts may, as an alternative measure to pre-trial detention, impose house arrest with electronic surveillance in the cases provided for by articles 135-2, 145, 148, 201, 221-3, 272-1, 397-3, 695-34 et 696-19. This measure may be lifted, maintained, modified or revoked by the investigating and trial courts under the same terms as judicial supervision pursuant to the articles 148-2, 148-6, 213, 272-1, 695-35, 695-36, 696-20 et 696-21.

Notwithstanding the provisions of article 142-5, house arrest enforced under mobile electronic surveillance may be ordered when the person is under investigation for violence or threats, punishable by at least five years’ imprisonment, committed : 1° Either against their spouse, cohabitee or partner in a civil solidarity pact; 2° Or against their children or those of their spouse, cohabitee or partner. This article also applies when the offence is committed…

A decree shall determine the detailed rules for the application of this subsection.