Call Us + 33 1 84 88 31 00

Contact
Get In Touch

Call Us + 33 1 84 88 31 00

Contact
Edit Content
Edit Content

French Code of Criminal Procedure

Make An Appointment

Article 728-38 of the French Code of Criminal Procedure

November 7, 2023

When a public prosecutor receives a request from a Member State for recognition and enforcement in France of a custodial sentence or detention order handed down by a court in that State, he or she shall ensure that the competent authority in the convicting State forwards the sentence or a certified copy of it and the certificate referred to in article 728-12 and its translation into French. The public prosecutor…

Read More »

Article 728-39 of the French Code of Criminal Procedure

November 7, 2023

The public prosecutor may ask the competent authority of the sentencing State whether it consents to the sentenced person being prosecuted, sentenced or deprived of liberty in France for an offence committed prior to his or her transfer. The request must include the information provided for in Article 695-13 and be translated in accordance with the procedures provided for in l’article 695-14.

Read More »

Article 728-40 of the French Code of Criminal Procedure

November 7, 2023

When it intends to oppose one of the grounds for refusal provided for in 1° to 4°, 7°, 10° and 11° of Article 728-32 or in 1° of Article 728-33, the public prosecutor shall inform the competent authority of the convicting State in order to enable it to provide any additional information.

Read More »

Article 728-43 of the French Code of Criminal Procedure

November 7, 2023

The public prosecutor shall recognise the sentencing decision as enforceable on French territory in the absence of one of the grounds for refusal provided for in Articles 728-32 and 728-33. In the event that, pursuant to 3° of article 728-11, the consent of the competent authority of the executing State is required, the public prosecutor shall assess whether it is appropriate to give it, considering, in particular, the interest of…

Read More »

Article 728-44 of the French Code of Criminal Procedure

November 7, 2023

If the sentencing decision can be recognised as enforceable in France, the public prosecutor will assess whether the custodial sentence or detention order should be adjusted. Where the length of the custodial sentence or detention order handed down is longer than that which could legally have been handed down by a French court for the same offence, the public prosecutor will propose that it be reduced to the legal maximum…

Read More »

Article 728-45 of the French Code of Criminal Procedure

November 7, 2023

Where the conviction is for more than one offence and, for one of the reasons set out in articles 728-32 or 728-33, it cannot be recognised and enforced insofar as it relates to one or some of these offences, the public prosecutor shall consult the competent authority of the convicting State in order to determine whether partial enforcement of the decision, in respect of only those offences that may justify…

Read More »

Article 728-46 of the French Code of Criminal Procedure

November 7, 2023

When the public prosecutor proposes to adapt the sentence pursuant to Article 728-44, he shall immediately refer the matter to the president of the judicial court or the judge delegated by him for approval of the proposed adaptation. He shall send the president of the court or the judge delegated by him all the documents relating to the proceedings.

Read More »

Article 728-47 of the French Code of Criminal Procedure

November 7, 2023

Within five days of the matter being referred to him, the president of the judicial court or the judge delegated by him shall decide, in the light of the documents communicated to him, whether to homologate the adaptation proposal formulated by the public prosecutor. Reasons must be given for any order refusing approval.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Do you need French-law advice?
Contact our Lawyers in France.

Call + 33 1 84 88 31 00.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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

French Business Law
French Business Lawyers
Resources
Contacts
Linkedin

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

French Business Law
French Business Lawyers

Resources 

Contacts
Linkedin

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

Contacts
Linkedin
French Business Law
French Business Lawyers

Useful links

Copyright @ 2024 French-Business-Law All Rights Reserved

Useful links

Call Us:
+ 33 1 84 88 31 00

Follow us:

Facebook Linkedin

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.