The collection, modification, consultation, communication and deletion of personal data and information are subject to a record including the identification of the user, the date, time and nature of the intervention in this processing. This information is kept for a period of six years.
The liberty and custody judge with jurisdiction to hear the appeal lodged on the basis of the article 803-8 by a person placed in pre-trial detention or extradition custody is that of the judicial court with jurisdiction to hear the proceedings concerning that person or the judicial court located at the seat of the court of appeal with jurisdiction to hear those proceedings. The sentence enforcement judge with jurisdiction to…
The head of the prison shall take all steps to inform prisoners of the possibility of lodging an appeal on the basis of article 803-8.
On pain of inadmissibility, the application must be submitted in a separate written document bearing the words: “Application concerning conditions of detention (Article 803-8 of the Code of Criminal Procedure)”. The application contains a detailed account of the personal and current conditions of detention that the applicant considers to be contrary to human dignity. It shall specify whether the applicant requests to be heard by the judge, in the presence…
I.-The request is declared by the requesting party or his lawyer in the following manner: 1° Where the applicant is remanded in custody, the declaration is made to the investigating judge’s registry if an investigation is underway, to the public prosecutor’s secretariat if the criminal court is seised, or to the public prosecutor’s secretariat if the criminal appeals chamber or the assize court is seised or if an appeal in…
Within ten days of receipt of the application sent to him in accordance with article R. 249-20, the judge shall rule on its admissibility by means of a reasoned order in accordance with the second and third paragraphs of I of article 803-8.
If the judge dismisses the application as inadmissible, the order is notified without delay to the applicant via the head of the prison. It is also notified without delay, if necessary by electronic means, to the applicant’s lawyer and, if the applicant is remanded in custody, to the examining magistrate, the public prosecutor or the public prosecutor as the case may be.
If the judge deems the application to be admissible, he or she will immediately communicate the admissibility order, by electronic means if necessary, to the head of the prison, asking him or her to forward, within a period of at least three working days and no more than ten days, his or her written observations and any documents enabling the conditions of the applicant’s detention to be assessed. The order…
To verify whether or not the conditions of detention violate the applicant’s dignity, the judge may: 1° Visit the place of detention; 2° Order an expert report entrusted to an expert registered on the lists of judicial experts or who has taken an oath in accordance with the article 160 ; 3° Request a bailiff to carry out any useful observations, photographs, filming and sound recordings within the prison, under…
Within ten days of the date on which the order declaring the application admissible was issued, the judge shall rule by reasoned order on the merits of the application in the light of the application and the observations of the detainee or, where applicable, his lawyer, the written observations of the prison administration and the written opinion of the examining magistrate, the public prosecutor or the public prosecutor. The lawyer…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
