In application of 12° of article 764-3, the following obligations may also be monitored and supervised in France: 1° A ban on carrying out a professional or voluntary activity involving habitual contact with minors; 2° A ban on driving a vehicle; 3° A ban on owning or carrying a weapon subject to authorisation.
A conviction or a probation decision may be transmitted to the competent authority of another Member State of the European Union where: 1° The person concerned is ordinarily resident, under lawful conditions, in the territory of that State and has returned to it or wishes to return to it; 2° The person concerned is not ordinarily resident, under lawful conditions, in the territory of that State, but requests to enforce…
Any conviction or probation decision transmitted pursuant to this Title for the purpose of recognition and monitoring in the territory of the executing State shall be accompanied by a certificate specifying in particular: 1° The designation of the sentencing State; 2° The designation of the competent authority which handed down the conviction or the probation decision; 3° The designation of the competent authority in the sentencing State for the supervision…
The withdrawal of the certificate referred to in Article 764-6 constitutes withdrawal of the request for recognition and monitoring and prevents the alternative penalty or probation measure from being enforced on the territory of the executing State.
The transmission of the sentence or the probation decision, the certificate and all documents relating to the enforcement of the measures, as well as any exchange relating thereto, shall be effected directly, by any means which leaves a written record and under conditions allowing the addressee to verify its authenticity, between the competent authorities of the issuing State and those of the executing State.
The public prosecutor at the court that has handed down a conviction or made a probation decision involving alternative sanctions or measures provided for in Articles 764-3 and 764-4 shall be competent to forward the conviction or probation decision to the competent authority of another Member State of the European Union so that it may recognise and monitor the conviction or probation decision and, once it has been drawn up…
Before transmitting the sentencing decision or the probation decision and the certificate, the public prosecutor may consult the competent authority of the executing State. Such consultation is mandatory in the cases mentioned in 2° of Article 764-5, in order to determine whether that authority consents to the transmission.
The public prosecutor shall forward to the competent authority of the executing State a certified copy of the sentencing decision or probation decision and the original or a copy of the certificate referred to in Article 764-6. He shall also send that authority a translation of the certificate either into the official language or one of the official languages of the executing State, or into one of the official languages…
The public prosecutor may decide to withdraw the certificate, provided that monitoring has not begun in the executing State, in the following cases: 1° Where it considers that the maximum period of deprivation of liberty provided for under the domestic law of the executing State that may be imposed in the event of non-compliance with alternative sanctions or probation measures is insufficient; 2° Where recognition of the sentence or probation…
Where the competent authority of the executing State has informed the public prosecutor that it recognises the sentence or the probation decision, the competent authorities of the executing State shall become solely competent to supervise the probation measures or alternative sanctions imposed, as well as for amending the obligations or instructions, revoking the suspension of enforcement of the sentence or conditional release and taking any decision in the event of…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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