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French Code of Criminal Procedure

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Article 141-5 of the French Code of Criminal Procedure

November 8, 2023

The police and gendarmerie units may, in accordance with the procedures set out in articles 56 to 58 and during the hours set out in Article 59, and after obtaining the agreement of the examining magistrate or on the instruction of this magistrate, carry out a search of the home of a person who, placed under judicial supervision or under house arrest with electronic surveillance, is prohibited from possessing a…

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Article 142 of the French Code of Criminal Procedure

November 8, 2023

Where the person under investigation is ordered to provide security or sureties, such security or sureties shall guarantee: 1° The representation of the person under investigation, the accused or the defendant in all the acts of the proceedings and for the enforcement of the judgment, as well as, where applicable, the performance of the other obligations imposed on him; 2° Payment in the following order: a) Compensation for damage caused…

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Article 142-1 of the French Code of Criminal Procedure

November 8, 2023

The investigating judge or the liberty and custody judge may, with the consent of the person under investigation, order, or decide, that the part of the bond allocated to guarantee the rights of the victim or the creditor of a maintenance debt be paid to them in advance, at their request. This payment may also be ordered, or decided, even without the consent of the person under investigation, when an…

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Article 142-2 of the French Code of Criminal Procedure

November 8, 2023

The first part of the bond shall be returned or the first part of the sureties lifted if the accused, defendant or person under investigation has appeared for all the acts of the proceedings, has complied with the obligations of judicial supervision and has submitted to the enforcement of the judgment. If this is not the case, unless there is a legitimate excuse or a decision to dismiss the case,…

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Article 142-3 of the French Code of Criminal Procedure

November 8, 2023

The amount allocated to the second part of the bond that has not been paid to the victim of the offence or to the creditor of a maintenance debt shall be returned if the case is dismissed and, unless Article 372, in the event of a discharge or acquittal. In the event of conviction, it is used in accordance with the provisions of 2° of article 142. The surplus is…

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Article 142-5 of the French Code of Criminal Procedure

November 8, 2023

Home detention with electronic surveillance may be ordered, ex officio or at the request of the person concerned, by the investigating judge or by the liberty and custody judge if the person under investigation is facing a criminal prison sentence of at least two years or a more serious sentence. This measure obliges the person to remain at his or her home or at a residence set by the investigating…

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Article 142-6 of the French Code of Criminal Procedure

November 8, 2023

Home detention with electronic monitoring is decided by reasoned order of the investigating judge or the liberty and custody judge, who rules after an adversarial hearing in accordance with Article 145 or in the light of the public prosecutor’s written submissions, which are read to the person under investigation, and after hearing his or her observations and those of his or her lawyer. It may also be decided, without adversarial…

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Article 142-7 of the French Code of Criminal Procedure

November 8, 2023

Home detention is ordered for a period that may not exceed six months. During the investigation, it may be extended for the same period in accordance with the procedures set out in the first paragraph of Article 142-6, without the total duration of the placement exceeding two years. When the person referred to the criminal court or assize court is maintained or remains under house arrest in accordance with articles…

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Article 142-8 of the French Code of Criminal Procedure

November 8, 2023

The second paragraph of Article 139 and the articles 140 and 141-3 are applicable to house arrest with electronic surveillance. A person who fails to comply with the obligations resulting from house arrest with electronic surveillance may be the subject of an arrest warrant or summons and placed in pre-trial detention, in accordance with Article 141-2.

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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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Linkedin

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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