Section 2: Recognition of convictions and probation decisions

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.

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…

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…

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…

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…

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…

The sentenced person is immediately notified of the sentence enforcement judge’s decision. The latter is informed by a statement in the notification that, if he does not accept this decision, he has a period of twenty-four hours in which to submit a request to the sentence enforcement chamber specifying, on pain of inadmissibility, the legal or factual grounds for his challenge and that he has the possibility of being represented…

The decision of the sentence enforcement judge relating to the recognition of the conviction or the probation decision may be appealed in accordance with the procedures set out in 1° of Article 712-11. The appeal does not allow the conviction or the probation decision taken by the sentencing State to be challenged.

Unless further information has been ordered, the President of the Enforcement Division shall rule within twenty days of the matter being referred to it by means of a reasoned order made in chambers. If the President of the Enforcement Division deems it necessary to hear the sentenced person, Article 706-71 may be applied, whether the convicted person is living in French territory or abroad. The President of the Enforcement Division…