Article R58 of the French Code of Criminal Procedure
The sentence enforcement judge in whose jurisdiction the convicted offender resides supervises the execution of the measures and obligations relating to the probationary suspension.
The sentence enforcement judge in whose jurisdiction the convicted offender resides supervises the execution of the measures and obligations relating to the probationary suspension.
The sentence enforcement judge may summon the convicted offender to remind him of the supervision measures to which he is subject and, where applicable, the special obligations and the treatment order resulting from the sentencing decision. The court will notify the convicted person of the special obligations it has ordered. It shall inform the sentenced person of the conditions under which these measures and obligations will be applied and monitored….
The sentence enforcement judge referred to in article 763-1 shall summon the person sentenced to socio-judicial supervision to remind them of the obligations to which they are subject pursuant to the sentencing decision and, where applicable, notify them of the additional obligations that they have ordered pursuant to l’article 763-3. It will inform the offender of the conditions under which compliance with these obligations will be monitored. It shall remind…
If the sentence enforcement judge orders the enforcement of the imprisonment provided for by the third paragraph of Article 131-36-1 of the Penal Code, his decision shall specify the duration of the imprisonment to be served. A copy of the decision is given to the offender and, if applicable, to his lawyer. This decision constitutes an order to the head of the designated prison to receive and detain the sentenced…
The sentence enforcement judge may decide by reasoned order that the imprisonment provided for in the third paragraph of article 131-36-1 of the French Penal Code if it appears that the offender is able to comply with the obligations of socio-judicial supervision. Only the period of imprisonment actually served is taken into account for the application of the provisions of the last paragraph of article 763-5.
An individual file concerning the person sentenced to socio-judicial supervision is kept by the clerk of the sentence enforcement judge. This file includes copies of documents from the proceedings leading to the sentence and which are necessary for monitoring the measure. It also includes reports drawn up and decisions taken during the course of the measure and, where applicable, during the enforcement of the custodial sentence.
When the sentenced person is detained, the reminder of the obligations to which he or she is subject and which is provided for in the first paragraph of Article R. 61 is made, in the days preceding his release or, in accordance with the provisions of Article 763-7-1, within eight days of the latter, by the sentence enforcement judge under whose supervision the socio-judicial supervision is to be carried out…
Where the expert opinion provided for in the third paragraph of article 763-3 establishes that the sentenced person may be the subject of treatment, the sentence enforcement judge, by a ruling made in accordance with the procedures provided for by article 712-6, either finds that the sentenced person will be subject to a treatment order, or orders, by express decision, that there is no need for a treatment order.
When the socio-judicial supervision accompanies a custodial sentence, the period during which the convicted offender is on temporary leave, or is placed under the semi-liberty regime or is subject to outdoor placement or home detention under electronic surveillance is not deducted from the duration of the socio-judicial supervision. The sentence enforcement judge may decide that the obligations resulting from the treatment order will not be applicable if their implementation proves…
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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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