Article 764-38 of the French Code of Criminal Procedure
The sentence enforcement judge is competent to take any subsequent measure to modify the obligations or the duration of the probationary period under the conditions set out in this code.
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The sentence enforcement judge is competent to take any subsequent measure to modify the obligations or the duration of the probationary period under the conditions set out in this code.
The sentence enforcement judge is also competent to issue a reasoned judgment, under the conditions provided for in article 712-6, revocation of conditional release or suspension of enforcement of the sentence and to impose the custodial sentence or measure involving deprivation of liberty provided for in the conviction or the probation decision issued by the authorities of the sentencing Member State, in the case of an alternative sanction. Where a…
The enforcement judge shall inform the competent authorities of the sentencing State without delay, by any means that leaves a written record, of any decision taken pursuant to Articles 764-38 and 764-39.
The sentence enforcement judge shall immediately inform the competent authorities of the sentencing State, by any means that leaves a written record, in the following cases: 1° Where a pardon or amnesty concerns the decision that is the subject of monitoring in France; 2° Where the person concerned has absconded or is no longer ordinarily resident, under lawful conditions, in the territory of the Republic. In this case, the sentence…
Where the sentence is the subject in France or in the sentencing State of either an amnesty or a pardon or where this sentence is the subject of an annulment decided following a review procedure in the sentencing State, or of any other decision or measure having the effect of depriving it of its enforceability, the sentence enforcement judge shall terminate the enforcement of this sentence or this probation decision.
Where, as a result of new criminal proceedings brought against the person concerned in the sentencing State, the competent authority of that State requests that jurisdiction over the supervision of the probation measures or alternative sanctions and any subsequent decisions relating to those measures or sanctions be transferred back to it, the enforcement judge shall terminate the supervision thereof and relinquish jurisdiction in favour of the competent authorities of the…
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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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