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French Code of Criminal Procedure

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Article R61-3 of the French Code of Criminal Procedure

November 6, 2023

An individual file concerning the person sentenced to socio-judicial supervision is kept by the clerk of the sentence enforcement judge. This file includes copies of documents from the proceedings leading to the sentence and which are necessary for monitoring the measure. It also includes reports drawn up and decisions taken during the course of the measure and, where applicable, during the enforcement of the custodial sentence.

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Article R61-4 of the French Code of Criminal Procedure

November 6, 2023

When the sentenced person is detained, the reminder of the obligations to which he or she is subject and which is provided for in the first paragraph of Article R. 61 is made, in the days preceding his release or, in accordance with the provisions of Article 763-7-1, within eight days of the latter, by the sentence enforcement judge under whose supervision the socio-judicial supervision is to be carried out…

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Article R61-4-1 of the French Code of Criminal Procedure

November 6, 2023

Where the expert opinion provided for in the third paragraph of article 763-3 establishes that the sentenced person may be the subject of treatment, the sentence enforcement judge, by a ruling made in accordance with the procedures provided for by article 712-6, either finds that the sentenced person will be subject to a treatment order, or orders, by express decision, that there is no need for a treatment order.

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Article R61-5 of the French Code of Criminal Procedure

November 6, 2023

When the socio-judicial supervision accompanies a custodial sentence, the period during which the convicted offender is on temporary leave, or is placed under the semi-liberty regime or is subject to outdoor placement or home detention under electronic surveillance is not deducted from the duration of the socio-judicial supervision. The sentence enforcement judge may decide that the obligations resulting from the treatment order will not be applicable if their implementation proves…

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Article R61-7 of the French Code of Criminal Procedure

November 6, 2023

The multidisciplinary commission for security measures established in Article 763-10 shall exercise its jurisdiction within the jurisdiction of one or more Courts of Appeal. The number, location and territorial jurisdiction of the commissions are set by order of the Minister of Justice.

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Article R61-8 of the French Code of Criminal Procedure

November 6, 2023

The multidisciplinary commission for security measures is composed of: 1° A chamber president at the court of appeal appointed for a five-year term by the first president of the court of appeal within whose jurisdiction the commission sits, chairman; 2° The regional prefect, prefect of the defence zone within whose jurisdiction the commission sits, or his representative; 3° Of the inter-regional director of prison services with jurisdiction over the court…

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Article R61-9 of the French Code of Criminal Procedure

November 6, 2023

The matter is referred to the commission by the sentence enforcement judge or by the public prosecutor. The sentenced person and his/her counsel and, where applicable, the public prosecutor are informed by the sentence enforcement judge of this referral. The commission will issue a reasoned opinion within three months of the matter being referred to it. In the absence of an opinion within this timeframe, the judge may have the…

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Article R61-10 of the French Code of Criminal Procedure

November 6, 2023

The commission may request the appearance of the sentenced person before giving its opinion. This appearance may be made by a means of telecommunication in accordance with the provisions of Article 706-71. The convicted person may be assisted by his lawyer. According to the decision of its chairman, who is responsible for its implementation, the commission may also carry out or arrange for the carrying out of any examinations, hearings,…

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Article R61-11 of the French Code of Criminal Procedure

November 6, 2023

The dangerousness examination provided for by Article 763-10 is carried out by a psychiatrist and a psychologist holding a diploma of higher specialised studies or a master’s degree in psychology, other than those designated under 4° and 5° of Article R. 61-8. The conclusions of this examination are notified by registered letter to the sentenced person and their lawyer or, if the person is detained, by the head of the…

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is a Registered Trademark of
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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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