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French Code of Criminal Procedure

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Article 762-5 of the French Code of Criminal Procedure

November 7, 2023

The sentence enforcement judge may also decide to provisionally suspend the execution of the residence ban measure in accordance with the procedures set out in article 712-6. In urgent cases, provisional authorisation to stay in a prohibited locality may be given by the public prosecutor for that locality for a period not exceeding eight days. The public prosecutor shall inform the territorially competent sentence enforcement judge of his decision without…

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Article 763-1 of the French Code of Criminal Procedure

November 7, 2023

A person sentenced to socio-judicial supervision in accordance with the terms of articles 131-36-1 to 131-36-8 of the Penal Code is placed under the control of the sentence enforcement judge in whose jurisdiction the offender is ordinarily resident or, if the offender is not ordinarily resident in France, of the sentence enforcement judge of the court in whose jurisdiction the court that ruled in the first instance has its seat….

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Article 763-3 of the French Code of Criminal Procedure

November 7, 2023

During the period of socio-judicial monitoring or during imprisonment when the person sentenced to socio-judicial monitoring must carry out this measure following a custodial sentence, the sentence enforcement judge may, after hearing the convicted person and after consulting the public prosecutor, modify or supplement the measures provided for in articles 131-36-2 et 131-36-3 of the Penal Code. His decision is enforceable by provision. It may be challenged by way of…

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Article 763-4 of the French Code of Criminal Procedure

November 7, 2023

When a person sentenced to socio-judicial supervision including a treatment order must carry out this measure following a custodial sentence, the sentence enforcement judge may order the person concerned to undergo a medical examination before being released. This assessment is mandatory if the conviction was handed down more than two years previously. The sentence enforcement judge may also, at any time during the socio-judicial supervision period and without prejudice to…

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Article 763-5 of the French Code of Criminal Procedure

November 7, 2023

In the event of failure to comply with the obligations mentioned in the articles 131-36-2 and 131-36-3 of the Penal Code or the injunction to provide care, the sentence enforcement judge may, of his own motion or at the request of the public prosecutor, order, in a reasoned decision, the enforcement of the prison sentence imposed by the trial court pursuant to the third paragraph of Article 131-36-1 of the…

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Article 763-6 of the French Code of Criminal Procedure

November 7, 2023

A person sentenced to socio-judicial supervision may apply to the court that handed down the sentence or, in the event of more than one conviction, to the last court to have given a ruling, to be relieved of this measure. If the conviction was handed down by an assize court, the court with jurisdiction to rule on the application is the investigating chamber in whose jurisdiction the assize court has…

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Article 763-7 of the French Code of Criminal Procedure

November 7, 2023

When a person sentenced to socio-judicial supervision including a treatment order is to undergo a custodial sentence, he or she shall serve this sentence in a prison provided for by the third paragraph of article 717-1 and enabling him or her to receive appropriate medical and psychological supervision. She is immediately informed by the sentence enforcement judge of the possibility of undergoing treatment. If she does not agree to undergo…

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Article 763-7-1 of the French Code of Criminal Procedure

November 7, 2023

Where a person sentenced to socio-judicial supervision is required to carry out this measure following a custodial sentence, he or she will be given, before release, a notice to appear before the sentence enforcement judge or the prison integration and probation service within a period of no more than eight days, in accordance with the procedures laid down by the decree referred to in article 763-9. If the offender is…

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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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