Article R249-26 of the French Code of Criminal Procedure
November 6, 2023
If the judge dismisses the application as unfounded, the order shall be notified under the conditions provided for in article R. 249-22.
If the judge dismisses the application as unfounded, the order shall be notified under the conditions provided for in article R. 249-22.
If the judge considers the application to be well-founded, the order shall mention the conditions of detention that he considers to be contrary to human dignity, and shall set a time limit of between ten days and one month to allow the prison administration to put an end to them by any means. This order is notified under the conditions provided for in article R. 249-22.
Before the expiry of the time limit set by the judge pursuant to article R. 249-27, the prison administration shall take any measure it deems appropriate to put an end to the conditions of detention in question. To this end, it may propose that the detainee be transferred to another prison. Where the detainee is imprisoned in execution of a custodial sentence, the prison administration shall ensure that the proposed…
Before the expiry of the time limit set pursuant to article R. 249-27, the prison administration shall send an information report to the judge on the measures taken or proposed to the detainee. A copy of this report is sent by any means to the applicant’s lawyer or, if the applicant is not assisted by a lawyer, to the applicant. On receipt of this report, the judge may proceed, where…
No later than ten days after the expiry of the time limit set pursuant to Article R. 249-27, the judge shall take one of the decisions provided for in this section, after having again taken the observations and opinions provided for in article R. 249-25. Its order is notified under the conditions provided for in article R. 249-22.
If the judge considers that the conditions of detention contrary to the applicant’s dignity have been put an end to, he or she will find that there is no longer any need to rule on the merits of the application.
If the judge considers that the unworthy conditions of detention have not been put an end to, he shall take one of the decisions provided for in 1° to 3° of II of article 803-8. In the cases provided for in the last paragraph of II of the same article, the judge may refuse, by reasoned order, to take one of these decisions.
If the judge is considering ordering the applicant’s transfer pursuant to 1° of II of Article 803-8, the judge will ask the prison administration to propose, as soon as possible, one or more establishments in which the defendant may be incarcerated, in accordance with the provisions of articles L. 112-3, L. 211-1, L. 211-2 and L. 211-3 of the Penitentiary Code, in conditions that respect human dignity. The judge may…
If it decides to apply 3° of II of the article 803-8, the sentence enforcement judge may order, after consulting the public prosecutor and the prison administration representative, one of the measures provided for in III of article 707, even if the granting of the measure normally falls within the jurisdiction of the sentence enforcement court and without it being required to proceed with the debate provided for by the…
Where the applicant has requested to be heard pursuant to article R. 249-19 and that his request has been declared admissible, the judge shall by any means inform the person concerned and his lawyer, the public prosecutor or the public prosecutor and the head of the prison of the date and place of the hearing, specifying in particular whether audiovisual means of telecommunication will be used in accordance with Article…
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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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