Chapter II: Suspended probation

When the trial court pursuant to Article 132-41-1 of the Penal Code, or the sentence enforcement judge pursuant to article 741-2 du code de procédure pénale orders a probationary suspension with enhanced monitoring, the provisions of this section shall be applied.

If the sentenced person is present at the hearing, he or she will be given a summons to appear before the prison integration and probation service within a period of not more than eight days, if the court has ordered provisional enforcement of its decision, or between ten and fifteen days otherwise. If the convicted person is not present at the hearing, this summons will be given to them when…

The provisions of Article 621-10 of the Penitentiary Code determine the content of the report drawn up by the prison integration and probation service pursuant to the second paragraph of Article 741-2, as well as the conditions under which this report is sent to the sentence enforcement judge, then communicated to the public prosecutor by the sentence enforcement department.

Where the accused was not present at the hearing, the decision of the sentence enforcement judge provided for in the first paragraph of Article 741-2 must be made within four months of the date on which the defendant was notified of the sentence.

The provisions of Article D. 621-11 of the Penitentiary Code determine the conditions under which the sentenced person’s situation is reassessed and the manner in which the sentence enforcement judge and the public prosecutor are informed of the situation.

Failure to comply with the time limits set out in articles D. 546-2 and D. 546-4 of this code and by articles D. 621-10 and D. 621-11 of the Penitentiary Code does not constitute a cause of nullity for summonses or acts performed in application of these articles.