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French Code of Criminal Procedure

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Article 138 of the French Code of Criminal Procedure

November 8, 2023

Judicial supervision may be ordered by the investigating judge or by the liberty and custody judge if the person under investigation is liable to a correctional prison sentence or a more serious penalty. This supervision requires the person concerned to submit, depending on the decision of the investigating judge or the liberty and custody judge, to one or more of the obligations listed below: 1° Not to leave the territorial…

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Article 138-1 of the French Code of Criminal Procedure

November 8, 2023

Where the person under investigation is prohibited from receiving or meeting the victim or entering into a relationship in any way whatsoever with the victim pursuant to the provisions of 9° of l’article 138, the investigating judge or the liberty and custody judge shall send the victim a notice informing him or her of this measure; if the victim is a civil party, this notice shall also be sent to…

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Article 138-2 of the French Code of Criminal Procedure

November 8, 2023

In the event of prosecution for a crime or for an offence mentioned in article 706-47, the investigating judge or the liberty and custody judge may, ex officio or at the request of the public prosecutor, decide in his order to place the accused under judicial supervision that a copy of this order is to be sent to the person with whom the accused establishes his residence if this appears…

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Article 138-3 of the French Code of Criminal Procedure

November 8, 2023

In the case of an offence punishable by at least three years’ imprisonment committed against the victim’s spouse, cohabitee or partner linked to the victim by a civil solidarity pact, including when they are not cohabiting, or committed by the victim’s former spouse or cohabitee or by the partner who was linked to the victim by a civil solidarity pact, the judge may, at the request or with the express…

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Article 139 of the French Code of Criminal Procedure

November 8, 2023

The person under investigation is placed under judicial supervision by an order of the examining magistrate, which may be made at any stage of the investigation. The examining magistrate may, at any time, impose one or more new obligations on the person placed under judicial supervision, cancel all or part of the obligations included in the supervision, modify one or more of these obligations or grant occasional or temporary dispensation…

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Article 140 of the French Code of Criminal Procedure

November 8, 2023

The release from judicial supervision may be ordered at any time by the investigating judge, either ex officio, or on the application of the public prosecutor, or on the application of the person after advice from the public prosecutor. The investigating judge shall rule on the person’s application within five days, by reasoned order. If the investigating judge fails to rule within this period, the person may refer his request…

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Article 141-2 of the French Code of Criminal Procedure

November 8, 2023

If the person under investigation voluntarily evades the obligations of judicial supervision, the examining magistrate may issue an arrest warrant or a warrant to bring him or her to trial. The investigating judge may also, under the conditions set out in the fourth paragraph of article 137-1, refer the matter to the liberty and custody judge for the purposes of remand in custody. Regardless of the prison sentence incurred, the…

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Article 141-3 of the French Code of Criminal Procedure

November 8, 2023

When pre-trial detention is ordered following the revocation of a judicial supervision order against a person previously placed in pre-trial detention for the same acts, the cumulative period of detention may not exceed by more than four months the maximum period of detention provided for respectively in articles 145-1 and 145-2. Where the sentence incurred is less than that mentioned in article 143-1, the total period of detention may not…

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Article 141-4 of the French Code of Criminal Procedure

November 8, 2023

The police and gendarmerie units may, ex officio or on the instruction of the investigating judge, apprehend any person placed under judicial supervision against whom there are one or more plausible grounds for suspecting that he or she has failed to comply with the obligations incumbent upon him or her under 1°, 2°, 3°, 8°, 9°, 14°, 17° and 17° bis of article 138. The person may then, on the…

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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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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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