Article 696-51 of the French Code of Criminal Procedure
November 7, 2023
In application of 7° of Article 696-50, the obligations listed in Article 138 may also be followed in France, under the same conditions.
In application of 7° of Article 696-50, the obligations listed in Article 138 may also be followed in France, under the same conditions.
A decision to place a person under judicial supervision may give rise to transmission to the competent authority of another Member State of the European Union where: 1° The person concerned is habitually resident, under lawful conditions, in the territory of the executing State and, having been informed of the measures concerned, consents to return there; 2° The person concerned requests that the decision to place him or her under…
Any decision to place a person under judicial supervision taken pursuant to this chapter for the purposes of recognition and supervision in the territory of the Republic or in that of another Member State shall be accompanied by a certificate specifying in particular: 1° The designation of the issuing State and the executing State; 2° The designation of the competent authority which ordered the placement under judicial supervision; 3° The…
Withdrawal of the certificate shall constitute withdrawal of the application for recognition and enforcement and shall preclude enforcement of the decision to place the person under judicial supervision pursuant to this chapter.
The transmission of the certified copy of the decision to place the person under judicial supervision, of the certificate and of all correspondence and documents relating thereto shall be effected directly between the competent authorities of the issuing State and those of the executing State, by any means which leaves a written record under conditions allowing the addressee to verify its authenticity. Where a State has designated one or more…
The judicial authorities competent to decide on placement under judicial supervision pursuant to the provisions of this Code shall also be competent to place a person under judicial supervision in another Member State of the European Union and to transmit that decision for recognition and enforcement in that State, in accordance with this Chapter.
The consultation of the competent authority of the executing State, provided for in Article 696-49, is carried out by the judicial authorities competent to request or order placement under judicial supervision.
The judicial authority that ordered the placement under judicial supervision or the public prosecutor sends a certified copy of the decision to place the person under judicial supervision, the certificate provided for in Article 696-53, as well as a translation of this certificate, either into one of the official languages of the executing State, or into one of those of the institutions of the European Union accepted by that State.
The authority which ordered the placing under judicial supervision shall remain competent to ensure the follow-up of the measures ordered as long as it has not been informed of the recognition of that decision by the competent authority of the executing State. It shall also remain competent if it is informed that the person concerned cannot be found on the territory of the executing State.
Provided that monitoring has not begun in the executing State, the authority that ordered the supervision order may decide to withdraw the certificate where it considers, in view of the adaptation that would be made by the executing State to the obligations laid down in the supervision order or of the maximum duration of monitoring of the obligations in that State, that it is not necessary to maintain the application…
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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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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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