The members of the committee referred to in article 720-5 are appointed for a term of five years. If the importance of the cases to be dealt with by the Commission so warrants, the First President of the Court of Cassation may appoint one or more vice-presidents of the Commission, chosen from among the presidents of chambers or councillors of the Court of Cassation. The committee may act when, in…
The matter is referred to the commission by the sentence enforcement judge or the sentence enforcement court. The sentenced person and his/her counsel as well as the public prosecutor are informed of this referral by the sentence enforcement judge or the sentence enforcement court. The commission will issue a reasoned opinion within three months of the referral. In the absence of an opinion within this timeframe, the judge or sentence…
The commission may request the appearance of the sentenced person before giving its opinion. This appearance may be made by a means of telecommunication in accordance with the provisions of article 706-71. The convicted person may be assisted by a lawyer. According to the decision of its Chairman, who is responsible for its implementation, the Commission may also carry out or arrange for the carrying out of any examinations, hearings,…
Two of the three experts on the panel provided for by article 720-5 to carry out the assessment of dangerousness provided for by the same article are those mentioned in article R. 61-11. The conclusions of this assessment are notified to the offender by the head of the prison, who immediately sends the original or a copy of the receipt signed by the offender to the sentence enforcement judge. They…
The sentence enforcement court shall inform the victims who were civil parties at the time of the sentencing decision, by simple letter, that their opinion must be sought in accordance with 4° of Article 720-5. If it is impossible to obtain these opinions or if there is no response, this is recorded in a report by the court clerk, which is mentioned in the judgment. The victims referred to in…
The procedures for applying the provisions of article 131-4-1 of the Penal Code and articles 713-42 to 713-44 of this Code, relating to the sentence of house arrest under electronic surveillance are those provided for by articles R. 57-10 to R. 57-14 and R. 57-16 to R. 57-18 of this Code, and R. 622-1, R. 622-2, R. 622-4, R. 622-6, R. 622-7, R. 622-8, R. 622-11 to R. 622-19 and…
The provisions of article R. 622-4 of the Penitentiary Codedetermine the conditions under which home detention under electronic surveillance is implemented in a place that is not the sentenced person’s home; The provisions of article D. 622-9 of the same code determine the formalities relating to the installation of the electronic monitoring device. In accordance with the provisions of article D. 622-21 of the same code, the supervision and monitoring…
1° If the sentence has been declared provisionally enforceable, pursuant to Article 471, within five days of the decision at the latest; 2° In other cases, within a maximum of thirty days from the date on which the sentence is enforceable. The convicted offender, who is present at the end of the hearing, is given a summons to appear before the prison integration and probation service for the purpose of…
Where the sentencing court has not fixed the place where the sentenced person is required to reside or has not fixed the periods during which the sentenced person may be absent from this place, these decisions shall be taken by the sentence enforcement judge, who shall rule within four months of the decision becoming enforceable, by order made in the manner provided for in the first paragraph of Article 712-8,…
The sentence of home detention under electronic surveillance is suspended by any pre-trial detention or incarceration resulting from a custodial sentence occurring during its execution. In accordance with the provisions of the second paragraph of the article 132-43 du code pénal, this suspension does not apply to the prohibitions on contact or appearance provided for by 9°, 11°, 12°, 13°, 18°, 18° bis of article 132-45 of the same code….
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is a Registered Trademark of
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75001, Paris France
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