In application of article 367, the judgment of the assize court shall be valid as a detention order until the period of detention has reached that of the sentence pronounced, without prejudice to the accused’s right to apply for release, where: the accused is in custody at the time the judgment is handed down and is sentenced, for a felony or misdemeanour, to a term of criminal imprisonment or a…
In application of the last paragraph of Article 131-21 of the Criminal Code, where the Criminal Court or the Criminal Appeals Chamber may order the confiscation of property over which a person other than the accused has a right of ownership, including in the case of the defendant’s spouse and where the property forms part of the community, and where this title is known or where this person has claimed…
If justified in the interests of the proper administration of justice, the president of the judicial court may decide that a hearing of the correctional court that is held in public pursuant to Article 400 will be broadcast live in several courtrooms of the court. In the case of a hearing of a criminal court with specialised jurisdiction that extends to the jurisdictions of other judicial courts, he may decide…
The deferred committal order issued by the criminal court pursuant to 3° of I or III of Article 464-2 shall immediately be signed by the president of the criminal court at the end of the hearing and affixed with his seal. The court may attach provisional execution to this warrant pursuant to IV of article 464-2 only: 1° If the case is referred to it under the immediate appearance or…
Where the total term of imprisonment, including any revocation of a suspended sentence, is more than one year, the criminal court which does not issue a warrant for arrest or detention pursuant to Article 465 may, pursuant to III of Article 464-2, issue a committal order with deferred effect. He may also not issue any warrant. However, where, taking into account any pre-trial detention, the remaining sentence to be served…
The deferred committal order entails obligations for the convicted person who is not detained for another reason: 1° To respond to the summons to appear within a period that may not exceed one month before the public prosecutor, if such a summons has been issued to him, at the end of the hearing when he was present or at a later date if he was not present ; 2° To…
The period between the date on which the person is informed of the date and time of his incarceration, at the end of the hearing or subsequently, and the date on which he is to be incarcerated may not exceed four months. As far as possible, the date of incarceration is determined by taking into account the sentenced person’s personal situation and, if applicable, the occupancy rate of the prison…
Failure to comply with the one-month time limit provided for in 2° of Article D. 45-2-3 or the four-month period provided for in article D. 45-2-4 does not constitute a ground of nullity preventing the deferred committal order from being executed, as long as the conviction is not time-barred.
If the committal order with deferred effect is issued against a person who is detained for another reason, the provisions of articles D. 45-2-3 and D. 48-2-5 providing for the convicted person to be summoned, a date for incarceration to be set and an order for the execution of the warrant to be issued are not applicable. The public prosecutor shall enforce the sentence as soon as possible when the…
The person against whom a warrant of committal with deferred effect has been issued shall be informed that if he or she fails, except on legitimate grounds or, in the absence of provisional execution, to exercise the remedies, to comply with the obligations laid down in 1° and 2° of Article D. 45-2-3, the prison sentence may be enforced at any time by the police. This information will be included…
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
