The hearing of the Criminal Appeals Chamber is public, except if the person is a minor or if publicity is likely to prejudice the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the Criminal Appeals Chamber, at the request of the Public Prosecutor, the convicted person’s lawyer or of its own motion, will give a ruling…
When it is in possession of the necessary information, the Criminal Appeals Chamber shall decide, within a maximum of fifteen days, whether to recognise the decision sentencing the person to a custodial sentence or security measure as enforceable on French territory. Articles 728-37 to 728-39 and 728-42 to 728-44 are applicable. For the application of these same articles, the criminal appeals chamber exercises the powers of the public prosecutor. When…
The decision of the Criminal Appeals Chamber may be appealed to the Supreme Court. Article 568-1 and the first paragraph of article 567-2 shall apply.
Where, in exceptional cases, the final decision on the recognition and enforcement of the sentence cannot be taken within ninety days of receipt of the sentencing decision and the certificate, the public prosecutor will immediately inform the competent authority of the sentencing State, giving the reasons for the delay and the additional time he considers necessary for the decision to be taken. In the event that the public prosecutor or…
The public prosecutor will immediately inform the competent authority in the sentencing State of the final decision taken on the recognition and enforcement of the sentencing decision and, where appropriate, on the adaptation of the custodial sentence or detention order. Where the final decision consists of a refusal to recognise and enforce the sentencing decision or involves an adaptation of the custodial sentence or detention order, the public prosecutor will…
As soon as the decision to recognise the sentencing decision as enforceable in France has become final, the custodial sentence or detention order may be enforced under the conditions laid down in the decision, for the part that remained to be served in the sentencing State. The enforcement of the sentence is governed by this code.
Where the sentencing decision is the subject of an amnesty or pardon in France or in the sentencing State, or of a suspension or annulment decided following the commencement of review proceedings in the sentencing State, or of any other decision or measure having the effect of removing its enforceability, the Public Prosecutor puts an end to its enforcement. A conviction handed down abroad may not be the subject of…
If the sentenced person cannot be found on French territory, the public prosecutor shall inform the competent authority of the sentencing State that it is impossible to enforce the sentencing decision for this reason.
Withdrawal of the certificate by the sentencing State, for any reason whatsoever, shall prevent enforcement of the sentence if it occurs before the sentenced person has been placed in prison for the purpose of enforcement.
The Public Prosecutor shall inform the competent authority of the sentencing State without delay: 1° Of the decisions or measures referred to in Article 728-57, other than those taken by the authorities of the sentencing State, which have rendered the sentencing decision unenforceable; 2° The escape of the sentenced person; 3° The conditional release of the sentenced person and the date on which this measure ended; 4° The fact that…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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