No criminal proceedings may be instituted or continued and no sentence may be enforced in respect of the same acts against a convicted person who is serving in France, pursuant to an international convention or agreement, a custodial sentence handed down by a foreign court.
This chapter lays down the rules applicable, with a view to facilitating the social rehabilitation of sentenced persons, to the recognition and enforcement, in a Member State of the European Union, of final criminal sentences involving deprivation of liberty or a detention order handed down by the French courts and to the recognition and enforcement in France of such sentences handed down by the courts of another Member State. The…
A sentencing decision handed down by a French court or a court of a Member State may be transmitted, as the case may be, by the competent French authority for the purposes of recognition and enforcement in the enforcing State or to that authority for the purposes of recognition and enforcement in France if the sentenced person is on French territory or that of the other Member State and in…
Any sentencing decision transmitted pursuant to this chapter for the purposes of recognition and enforcement on French territory or that of another Member State or any request for transit shall be accompanied by a certificate specifying in particular: 1° The designation of the convicting State and the court that handed down the sentencing decision; 2° The identity of the person against whom the sentencing decision was handed down, the address…
Withdrawal of the certificate shall constitute withdrawal of the application for recognition and enforcement and shall preclude enforcement of the custodial sentence or detention order pursuant to this chapter.
The transmission of the sentencing decision, the request for transit, the certificate and all documents relating to the enforcement of the sentence as well as any exchange relating thereto shall be carried out directly, as the case may be, with the competent authorities of the sentencing State or those of the executing State, by any means that leaves a written record and under conditions that enable the addressee to verify…
The representative of the Public Prosecutor’s Office at the court which handed down the sentencing decision shall be competent to forward to the competent authority of another Member State of the European Union, for the purpose of having that decision recognised and enforced, a copy of the decision and, after having drawn up and signed it, the certificate provided for in Article 728-12. He may make this transmission at the…
Before transmitting the sentencing decision and the certificate, the representative of the Public Prosecutor’s Office may consult the competent authority of the executing State in order to determine, in particular, whether enforcement of the sentence in the territory of that State is likely to facilitate the social rehabilitation of the sentenced person. Such consultation is mandatory in cases other than those referred to in 1° and 2° of Article 728-11.
When the convicted person is on French territory, the representative of the Public Prosecutor’s Office shall conduct or arrange for the convicted person to be heard in order to obtain his or her oral or written observations on the planned transmission. The representative of the Public Prosecutor’s Office shall obtain the convicted person’s consent where this is required pursuant to 3° of Article 728-11. If the convicted person is a…
If the representative of the public prosecutor’s office decides to forward the sentencing decision and the certificate to the competent authority of the executing State, he or she shall inform the sentenced person of this in a language he or she understands. He shall also inform him : 1° That, if the sentence is enforced in the territory of that State, the enforcement of the sentence will be governed by…
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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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