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French Code of Criminal Procedure

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Article D48-2-5 of the French Code of Criminal Procedure

November 6, 2023

The order for execution of the deferred committal order issued by the public prosecutor either at the end of the hearing or under the conditions provided for in article D. 48-2-4 refers to the conviction and the warrant issued by the criminal court or the assize court, and includes the information mentioned in the first paragraph of article D. 48-2-4 and in article D. 45-2-7. It is dated, signed and…

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Article D48-2-6 of the French Code of Criminal Procedure

November 6, 2023

If the convicted person against whom a warrant of committal with deferred effect has been issued does not reside within the jurisdiction of the court that handed down the conviction, the public prosecutor may forward a copy of the warrant to the public prosecutor of the judicial court within whose jurisdiction the person resides so that the latter may summon the person and issue the order for enforcement of the…

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Article D48-2-7 of the French Code of Criminal Procedure

November 6, 2023

If the person against whom a warrant of committal with deferred effect has been issued fails, without legitimate reason, to appear before the public prosecutor or at the prison on the date set for his or her incarceration, the public prosecutor may enforce the sentence by resorting, if necessary, to the force publique, where the sentence is enforceable or, except in the case of an opposition lodged against a sentence…

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Article D48-2-8 of the French Code of Criminal Procedure

November 6, 2023

When a committal order with deferred effect has been issued, referral to the sentence enforcement judge by the sentenced person in accordance with article D. 49-11 of a request for semi-liberty, work release, electronically supervised home detention, sentence splitting or suspension, conditional release or sentence conversion does not suspend the ability of the public prosecutor to enforce the sentence, including by force majeure in the cases provided for in article…

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Article D48-3 of the French Code of Criminal Procedure

November 6, 2023

Where there is no victim support office within the court and the sentence is handed down in the presence of the civil party, the sentence enforcement office may be asked to receive the civil party after the hearing, assisted, where appropriate, by his or her lawyer, to inform them in particular of the practical arrangements enabling them to obtain payment of the damages awarded to them and, if applicable, of…

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Article D48-5-1 of the French Code of Criminal Procedure

November 6, 2023

The first president of the court of appeal and the public prosecutor, together with the presidents of the judicial courts and the public prosecutors within the jurisdiction of the court of appeal, organise a regional conference at least once a year on sentence adjustments and alternatives to imprisonment. This conference is chaired by the heads of the court of appeal or their representatives. It brings together judges and prosecutors, from…

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Article D48-5-4 of the French Code of Criminal Procedure

November 6, 2023

A commission for the execution and enforcement of sentences is set up within each judicial court with the aim of: 1° exchanging information between all the players concerned on the conditions for implementing the sentences handed down by the judicial authorities and the care of convicted persons by the prison and judicial youth protection services; 2° monitoring the process for executing and enforcing the sentences handed down within the jurisdiction,…

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Article D48-5-5 of the French Code of Criminal Procedure

November 6, 2023

In accordance with the last paragraph of Article 711, where the parties agree, applications relating to the enforcement of a sentence, submitted under the conditions laid down in Articles 702-1,703,710,775-1,775-2 and 778, shall be examined by the president of the competent court sitting as a single judge: 1° Either, if this magistrate deems it necessary, at the end of a hearing held in chambers under the conditions laid down in…

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is a Registered Trademark of
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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
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75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396

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