The procedures for informing the victim of the date on which a probationary suspension ends pursuant to Article 745 are specified by Articles D. 49-67 et seq.
When the trial court pursuant to Article 132-41-1 of the Penal Code, or the sentence enforcement judge pursuant to article 741-2 du code de procédure pénale orders a probationary suspension with enhanced monitoring, the provisions of this section shall be applied.
If the sentenced person is present at the hearing, he or she will be given a summons to appear before the prison integration and probation service within a period of not more than eight days, if the court has ordered provisional enforcement of its decision, or between ten and fifteen days otherwise. If the convicted person is not present at the hearing, this summons will be given to them when…
The provisions of Article 621-10 of the Penitentiary Code determine the content of the report drawn up by the prison integration and probation service pursuant to the second paragraph of Article 741-2, as well as the conditions under which this report is sent to the sentence enforcement judge, then communicated to the public prosecutor by the sentence enforcement department.
Where the accused was not present at the hearing, the decision of the sentence enforcement judge provided for in the first paragraph of Article 741-2 must be made within four months of the date on which the defendant was notified of the sentence.
The provisions of Article D. 621-11 of the Penitentiary Code determine the conditions under which the sentenced person’s situation is reassessed and the manner in which the sentence enforcement judge and the public prosecutor are informed of the situation.
Failure to comply with the time limits set out in articles D. 546-2 and D. 546-4 of this code and by articles D. 621-10 and D. 621-11 of the Penitentiary Code does not constitute a cause of nullity for summonses or acts performed in application of these articles.
When, in application of article 747-1, the firm part of a prison sentence that has been subject to a partial probationary suspension is converted into a sentence of home detention under electronic surveillance, a sentence of community service, a fine-day sentence or imprisonment subject to a reinforced probationary suspension, this decision does not constitute a second conviction within the meaning of article 132-53 of the Criminal Code.
In the event of an adjournment for the purposes of investigations into the personality or the material, family and social situation provided for by Article 132-70-1 of the Criminal Code, where bail is ordered as part of a judicial supervision order made pursuant to article 397-3-1 of this code, the provisions of articles R. 19 et seq. of this code shall apply. The copy of the decision sent pursuant to…
The deposit ordered as part of the adjournment provided for by Article 132-70-3 of the Criminal Code is subject to the same rules as bail ordered as part of a judicial review in the event of an adjournment as provided for by article 132-70-1 of that same code.
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is a Registered Trademark of
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182, rue de Rivoli
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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