If the sentenced person cannot be found on French territory, the public prosecutor shall inform the competent authority of the sentencing State that it is impossible to enforce the sentencing decision for this reason.
Withdrawal of the certificate by the sentencing State, for any reason whatsoever, shall prevent enforcement of the sentence if it occurs before the sentenced person has been placed in prison for the purpose of enforcement.
The Public Prosecutor shall inform the competent authority of the sentencing State without delay: 1° Of the decisions or measures referred to in Article 728-57, other than those taken by the authorities of the sentencing State, which have rendered the sentencing decision unenforceable; 2° The escape of the sentenced person; 3° The conditional release of the sentenced person and the date on which this measure ended; 4° The fact that…
If the sentenced person is on the territory of the sentencing State, he or she will be transferred to French territory on a date set by the Minister of Justice in agreement with the competent authority of that State, no later than thirty days from the date on which the decision to recognise the sentence and enforce the custodial sentence or detention order becomes final. If transfer is impossible within…
A person transferred to French territory for the enforcement of a custodial sentence or detention order imposed by a court of a Member State may not be sought, prosecuted, sentenced or detained for any act prior to his transfer, other than that for which he was transferred, unless he is in one of the following cases: 1° Having had the opportunity to do so, he or she has not left…
The request for consent referred to in 7° of Article 728-62 shall be sent by the public prosecutor to the competent authority of the sentencing State. It must include the information provided for in Article 695-13 and be translated in the manner provided for in l’article 695-14.
When the sentenced person is on French territory and the competent authority of the sentencing State requests that, pending the decision on the recognition and enforcement of the sentencing decision, the sentenced person be subject to provisional arrest or any other measure designed to ensure that he or she remains on French territory, the public prosecutor, if he or she considers that the person does not present sufficient guarantees of…
When the person is brought before him, the public prosecutor checks his identity and informs him, in a language he understands, of the conviction against him and the request from the convicting State. He will inform the person that he intends to apply to the liberty and custody judge for his imprisonment, house arrest with electronic surveillance or placement under judicial supervision and that he may be assisted by a…
The convicted person may not be placed in detention or under house arrest with electronic monitoring pursuant to article 142-5 only if the remaining sentence to be served is two years or more, except in one of the cases mentioned in l’article 723-16.
The person appears before the liberty and custody judge assisted, if necessary, by his or her lawyer. The hearing is held in public, unless publicity would be detrimental to the smooth running of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the liberty and custody judge, at the request of the public prosecutor, the person’s lawyer or on his…
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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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