Failure to comply with the one-month and forty-five-day time limits provided for in Article 723-15 does not constitute grounds for invalidating summonses for the sentenced person to appear before the sentence enforcement judge or the prison integration and probation service.
If the sentenced person has already been remanded in custody, the sentence enforcement judge who receives a copy of the decision pursuant to article 723-15 examines the situation of the person concerned with regard to any reductions in sentence that may be granted in respect of the incarceration undergone while in pre-trial detention. The decision is then taken without the prior opinion of the Sentence Enforcement Commission, but, unless it…
When, as a result of sentence reductions granted by the sentence enforcement judge, the sentenced person has no remaining sentence to serve, the information provided for in the penultimate paragraph of Article 721 is made by the sentence enforcement judge or, on the latter’s instruction, by the prison integration and probation service. This information may also be sent to the sentenced person by registered letter. This information may also be…
The public prosecutor may apply the provisions of Article 723-15 and this sub-section for prison sentences with a remaining balance of more than one year if, as a result of the pre-trial detention served by the convicted person, and the total sentence reductions that may be granted in accordance with the provisions of Article 723-18, there is no remaining sentence to be served. The public prosecutor may also apply the…
The provisions of Article 712-21 are not applicable to sentence adjustments decided pursuant to articles 723-15 et seq, unless the public prosecutor so requests when referring the matter to the sentence enforcement judge.
Where the sentenced person has not made an application in the form prescribed by Article D. 49-11, the sentence enforcement judge may, in accordance with the provisions of the first paragraph of Article 723-15-2, set the date of incarceration after summoning the sentenced person and taking his observations. When the judge refuses an accommodation measure requested by the sentenced person in the manner prescribed by article D. 49-11, he may…
Unless the public prosecutor decides, if justified by the particular situation of the sentenced person, to apply the provisions of article 723-15 and this sub-section, these do not apply to imprisonment resulting from a decision by a sentence enforcement court, particularly in the case of a decision revoking a probationary suspension or conditional release.
When a convicted person serves one or more custodial sentences of a total duration of less than or equal to five years, the prison administration must, at least one month before the duration of the sentence served is equal to twice the duration of the sentence remaining to be served, or, if the sentence is less than or equal to six months, at the time of committal or when the…
The refusal of the sentenced person expressed after the information provided for in article D. 147-17 is recorded by the prison integration and probation service, which informs the sentence enforcement judge.
If the person has not indicated that he or she refuses this measure, the prison integration and probation service shall, in good time, forward to the sentence enforcement judge, before the meeting of the sentence enforcement commission at which the person’s situation is to be examined, its opinion on whether it is impossible to implement one of the measures with regard to the requirements of Article 707.
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75001, Paris France
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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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