Magistrates from the public prosecutor’s office and any official from the public prosecutor’s office specially authorised by the public prosecutor exercise the powers granted to that magistrate for the application of this chapter. The same applies to those granted to the department managing the file, for magistrates placed under its authority and officials specially authorised by it.
For decisions handed down by the courts of appeal or, where applicable, by the assize courts, the powers recognised in this chapter to the investigating judge or his clerk shall be exercised by the president of the investigating chamber or the clerk of that chamber. Those recognised to the public prosecutor shall be exercised by the public prosecutor, the magistrates of the public prosecutor’s office and any official of the…
Registration of personal data in the file is carried out directly by authorised or empowered persons. Registration and consultation of the file are carried out via secure telecommunication means. The transmission of data between the department managing the file and the Ministry of the Interior is carried out by secure IT means.
The president of the chamber and the two councillors of the court of appeal who make up the regional court for secure detention belong to the court of appeal within whose jurisdiction this court sits. They are appointed by the first president of the court for a period of three years after consultation with the general assembly of judges. The first president appoints three alternate members for the same term…
Decisions by the regional court for secure detention may be appealed to the national court for secure detention, which must be lodged within ten days of their notification either by the person concerned or by the public prosecutor. This appeal does not have suspensive effect.
The three members of the Court of Cassation who make up the national court for secure detention are appointed by the first president of this Court for a period of three years after receiving the opinion of the general assembly of judges of the Court. The First President shall appoint three substitute members for the same term and in accordance with the same procedures. The Public Prosecutor’s Office at this…
Appeals against decisions of the national court for secure detention are heard by the Criminal Division of the Court of Cassation.
Security surveillance for a period of two years may be ordered and, where appropriate, renewed by the regional court for security retention, in respect of the persons mentioned in Article 706-53-13, following judicial supervision, socio-judicial monitoring or secure detention, in accordance with the articles 723-37, 763-8 et 706-53-19. The regional court for security retention shall rule on a proposal from the multidisciplinary commission for security measures.
The opinion of the multi-disciplinary committee on security measures proposing placement under security surveillance or renewal of this measure is given in the light of the information contained in the person’s individual file kept, as the case may be, at the prison or by the sentence enforcement judge and a medical assessment noting the persistence of his dangerousness, without it being necessary to carry out the multi-disciplinary assessment in the…
At least eight months before the expiry of the judicial supervision or socio-judicial monitoring measure imposed on a person sentenced to a penalty for which secure detention may be imposed, the sentence enforcement judge will inform the public prosecutor of the person’s situation and give his reasoned opinion on the possibility of secure supervision. If the person’s situation appears likely to justify security surveillance, the sentence enforcement judge, or failing…
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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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