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Chapter III: Provisions relating to the recognition and monitoring in France of convictions and probation decisions handed down by the competent authorities of other Member States of the European Union

Article 764-18 of the French Code of Criminal Procedure

The Public Prosecutor shall receive requests for recognition and enforcement in the territory of the Republic of convictions or probation decisions handed down by the courts of other Member States. It may also ask the competent authority of another Member State to forward to it a request for recognition and enforcement in the territory of the Republic of a conviction handed down by a court in that State. If the…

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Article 764-19 of the French Code of Criminal Procedure

The competent public prosecutor is the one in whose jurisdiction the convicted person’s lawful habitual residence is located. Failing this, the public prosecutor at the Paris judicial court has jurisdiction. If the public prosecutor to whom the request has been addressed by the sentencing State for the purposes of recognition and enforcement does not have jurisdiction, he will forward it without delay to the competent public prosecutor. The competent authority…

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Article 764-20 of the French Code of Criminal Procedure

Where, before transmitting the conviction or probation decision and the certificate, the competent authority of the sentencing State consults the Public Prosecutor in cases where, pursuant to 2° of article 764-5, recognition of the conviction or decision is subject to the consent of the executing State, the Public Prosecutor consents to the transmission of the conviction or probation decision if the person concerned is of French nationality. In all other…

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Article 764-22 of the French Code of Criminal Procedure

The sentence enforcement judge is competent to rule on requests for recognition and monitoring of convictions and probation decisions. If the judge deems it necessary to hear the sentenced person, Article 706-71 may be applied, whether the person concerned is living in the territory of the Republic or abroad.

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Article 764-23 of the French Code of Criminal Procedure

Recognition and monitoring within the territory of the Republic of a conviction or a probation decision handed down by the court of another Member State may be refused only in the cases provided for in Articles 764-24 and 764-25. When considering relying on one of the grounds for refusal provided for in 1° to 3°, 8° and 9° of Article 764-24 and Article 764-25, the sentence enforcement judge shall inform…

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Article 764-24 of the French Code of Criminal Procedure

Enforcement of the sentence or probation decision shall be refused in the following cases: 1° The certificate is not produced, is incomplete or manifestly does not correspond to the sentence or decision and has not been completed or corrected within the time limit set; 2° The conditions set out in articles 764-2 to 764-5 are not met, in particular where, pursuant to 2° of article 764-5, recognition of the conviction…

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Article 764-25 of the French Code of Criminal Procedure

Enforcement of the sentencing decision may be refused in the following cases: 1° The duration of the alternative penalty or probation measure is less than six months at the date of receipt of the certificate; 2° The conviction or decision is based on offences committed wholly, mainly or for the most part on the territory of the Republic or in a place treated as such; 3° The conviction relates to…

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Article 764-26 of the French Code of Criminal Procedure

The sentence enforcement judge will assess whether the sentence or probation measure imposed or its duration should be adjusted. Where the nature of the probation measure or alternative penalty does not correspond to the measures provided for under French law, the sentence enforcement judge shall replace the probation measure or alternative penalty with the measure closest to that imposed by the sentencing State which could legally have been imposed by…

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Article 764-27 of the French Code of Criminal Procedure

Subject to the suspension of the time limit resulting from the notice given to the competent authority of the sentencing State pursuant to article 764-23, the sentence enforcement judge shall rule by order, in accordance with the procedure laid down in article 712-8, on the request for recognition of the conviction or the probation decision within a maximum of ten days from the date of the public prosecutor’s submissions. The…

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