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French Code of Criminal Procedure

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Article D49-24 of the French Code of Criminal Procedure

November 5, 2023

Without prejudice to the obligation to carry out an expert assessment of sentenced persons covered by the provisions of Article 712-21, the sentence enforcement judge or court may, in accordance with the provisions of Article D. 574, ask the prison integration and probation service to carry out a socio-educational summary of the convicted prisoner before his release, in order to assess his dangerousness and the risk of re-offending. To this…

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Article D49-25 of the French Code of Criminal Procedure

November 5, 2023

If the sentenced person fails to comply with the obligations imposed or displays misconduct, the sentence enforcement judge or court may decide to reject or postpone a measure within its jurisdiction, or to withdraw or revoke such a measure previously granted, depending on the procedure applicable for granting the measure.

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Article D49-26 of the French Code of Criminal Procedure

November 5, 2023

For the application of the provisions of Article R. 69, an extract of the order or judgement of the judge or tribunal de l’application des peines or the president of the judicial court or the judge delegated by him, certified by the court registrar is sent to the criminal records office, via the public prosecutor’s office of the place of conviction, when it has been decided: 1° The revocation of…

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Article D49-27 of the French Code of Criminal Procedure

November 5, 2023

The sentence enforcement judge sets the main terms and conditions for the enforcement of custodial sentences or certain sentences restricting freedom by guiding and monitoring the conditions of their enforcement, in accordance with the principles laid down by article 707. To this end, he is assisted by the Sentence Enforcement Commission, as well as by the Penitentiary Integration and Probation Service, which the magistrate mandates to monitor convicts subject to…

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Article D49-28 of the French Code of Criminal Procedure

November 5, 2023

The sentence enforcement committee sitting in each prison includes the members mentioned in article 712-4-1. The sentence enforcement judge may, with the agreement of the head of the establishment, call upon these persons either on a permanent basis or for a specific session, so that they can be heard by the committee if necessary: 1° To members of the management staff, to a member of the commanding body, to a…

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Article D49-29 of the French Code of Criminal Procedure

November 5, 2023

An individual file concerning each convicted offender monitored by this magistrate is kept at the registry of the sentence enforcement judge. This file includes copies of the documents from the proceedings leading to his sentence and which are necessary for the enforcement of the sentence. It also includes reports drawn up and decisions taken during the enforcement of the sentence. The opinion of the prison administration representative provided for in…

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Article D49-30 of the French Code of Criminal Procedure

November 5, 2023

The sentence enforcement judge orders the extraction of sentenced persons, either with a view to their appearance in his chambers when he has deemed it useful, or to proceed with the adversarial hearings provided for by law when these do not take place within the prison establishment, or more generally for the enforcement of a decision falling within his jurisdiction. He shall request extraction by the police, gendarmerie or prison…

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Article D49-31 of the French Code of Criminal Procedure

November 5, 2023

When the sentence enforcement judge is required to travel to a prison in order to carry out the duties devolved upon him or her by this Code or by the provisions of the Criminal Code, travel and subsistence allowances shall be allocated to him or her under the conditions referred to in articles R. 90 (10°) and R. 200 of this code. The same applies to the court clerk who…

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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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