Article D54 of the French Code of Criminal Procedure
November 5, 2023
The location of remand prisons and remand prison quarters is determined by the provisions of articles D. 112-27 and D. 112-28 of the Penitentiary Code.
The location of remand prisons and remand prison quarters is determined by the provisions of articles D. 112-27 and D. 112-28 of the Penitentiary Code.
In accordance with the provisions of Article 715, the investigating judge, the president of the investigating chamber and the president of the assize court, as well as the public prosecutor and the public prosecutor, may give all necessary orders either for the investigation or for the trial, to be carried out in remand prisons or, where applicable, specialised juvenile prisons. A report must be sent to them as a matter…
Except in the case of preparatory investigations, the judicial authority ordering a remand in custody or, failing this, the public prosecutor responsible for enforcing the decision, shall send to the head of the establishment, at the same time as the detention order, the notice provided for by l’article D. 32-1-1 (alinéa 1er). This notice specifies, where applicable, the measures prescribed by the judicial authority and the notice provided for by…
In addition to the measures of isolation or separation from other detainees that he or she may order in accordance with the provisions of Articles D. 56-1 and D. 56-2, the magistrate responsible for the information file has the right to prescribe a temporary ban on communication by virtue of Article 145-4. Under no circumstances does the ban on communication apply to counsel for the person under investigation, but it…
When the magistrate responsible for the information file orders the separation of detainees due to the requirements of the information, his instructions shall be specified in the individual notice provided for in article D. 32-1-1 or, if the measure is decided at a later date, in any other document sent to the head of the establishment.
The judicial authorities shall request the transfer or extraction of accused persons for the purposes and under the conditions determined by the provisions of Chapter V of Title I of Book II of the Penitentiary Code. The gendarmerie or police services will carry out the transfer or extraction orders. In geographical areas determined by joint order of the Ministers of Justice and the Interior, it is normally carried out by…
In accordance with the dispositions de l’article D. 213-4 du code pénitentiaire, dans les maisons d’arrêt où, par suite de la distribution des locaux ou de leur encombrement temporaire, le régime de l’encellulement individuel ne peut être appliqué à toutes les personnes prévenues, celles à l’égard desquelles l’autorité judiciaire aura prescrit l’interdiction de communiquer ou la mise à l’isolement sont placées par priorité en cellule individuelle.
The prison administration shall ensure that the right of detainees to freely choose their means of defence and their defence counsel is respected under the conditions determined by articles R. 122-14 and D. 313-9 of the Penitentiary Code.
Finally sentenced persons are received in the prisons mentioned in article R. 112-15 of the Penitentiary Code or in the quarters of the penitentiary centres mentioned in article R. 112-16 of the same code and corresponding to these establishments. In exceptional circumstances, prisons may hold convicted prisoners under the conditions determined by the provisions of article L. 211-3 of the same code.
The regulatory provisions of Subsection 1 of Section 3 of Chapter I of Title I of Book II of the Penitentiary Code determine the conditions under which a convicted person is subject to a referral procedure and then assigned to a prison establishment to serve his sentence there, in particular with regard to the information and documents provided or opinions issued by the judicial authority.
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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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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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