During the public adversarial debate provided for in the second paragraph of Article 713-47, the president of the judicial court or the judge delegated by him shall be assisted by a court clerk. The articles D. 49-13 to D. 49-17 and D. 49-18 are applicable.
The decision taken by the president of the judicial court or the judge delegated by him pursuant to the second paragraph of article 713-47 must, in the absence of provisional incarceration of the sentenced person, take place no later than one month following the request of the sentence enforcement judge.
Where the person sentenced to a measure of penal restraint must comply with the obligation to refrain from appearing in a specially designated place or area, in order to avoid contact with the victim or the civil party, or the obligation to refrain from entering into contact with the victim or the civil party, provided for in 9°, 13° and 19° of Article 132-45 of the Criminal Code, the sentence…
In this Title, the word “prisoners” is used to designate persons subject to a measure of deprivation of liberty within a penal establishment. The term “convicted persons” refers only to convicted persons whose sentence has become final. However, pursuant to the provisions of the second paragraph of Article 708, the time limit for appeal granted to the public prosecutor by Article 505 is not taken into account in this regard….
In accordance with the provisions of the second paragraph of article 132-43 of the Criminal Code, the prohibitions on contact or appearance provided for by 9°, 11°, 12°, 13°, 18° and 18° bis of article 132-45 of the same code, imposed by a criminal court as a penalty, a personalisation measure, a sentence adjustment measure or a security measure, remain applicable while the person is incarcerated, as long as they…
Detainees who are on remand for one cause and convicted for another shall be subject to the same regime as convicted prisoners, except that they shall benefit from the advantages and facilities granted to remand prisoners for the purposes of their defence. Unless otherwise decided by the magistrate referred to in Article R. 57-5, they may be detained in penal institutions. This magistrate has the same prerogatives with regard to…
In cases where, under the provisions of this Code, it is provided that requests for acts or measures useful to the investigation, requests for release, applications for annulment, appeals, appeals or oppositions may be made by prisoners by means of declarations to the head of the prison, these declarations may also be made to any official placed under his authority and designated by him for the purpose of receiving and…
Subject to the provisions of the second paragraph of article D. 52, persons remanded in custody are held, for the duration of the investigation, in accordance with the terms of the warrant or court order against them, at the prison designated pursuant to the dispositions de l’article D. 211-4 du code pénitentiaire.
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…
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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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