No later than ten days after the expiry of the time limit set pursuant to Article R. 249-27, the judge shall take one of the decisions provided for in this section, after having again taken the observations and opinions provided for in article R. 249-25. Its order is notified under the conditions provided for in article R. 249-22.
If the judge considers that the conditions of detention contrary to the applicant’s dignity have been put an end to, he or she will find that there is no longer any need to rule on the merits of the application.
If the judge considers that the unworthy conditions of detention have not been put an end to, he shall take one of the decisions provided for in 1° to 3° of II of article 803-8. In the cases provided for in the last paragraph of II of the same article, the judge may refuse, by reasoned order, to take one of these decisions.
If the judge is considering ordering the applicant’s transfer pursuant to 1° of II of Article 803-8, the judge will ask the prison administration to propose, as soon as possible, one or more establishments in which the defendant may be incarcerated, in accordance with the provisions of articles L. 112-3, L. 211-1, L. 211-2 and L. 211-3 of the Penitentiary Code, in conditions that respect human dignity. The judge may…
If it decides to apply 3° of II of the article 803-8, the sentence enforcement judge may order, after consulting the public prosecutor and the prison administration representative, one of the measures provided for in III of article 707, even if the granting of the measure normally falls within the jurisdiction of the sentence enforcement court and without it being required to proceed with the debate provided for by the…
Where the applicant has requested to be heard pursuant to article R. 249-19 and that his request has been declared admissible, the judge shall by any means inform the person concerned and his lawyer, the public prosecutor or the public prosecutor and the head of the prison of the date and place of the hearing, specifying in particular whether audiovisual means of telecommunication will be used in accordance with Article…
The decisions provided for in sections 2 to 5 of this chapter may, within ten days of their notification, be appealed to the President of the Investigating Chamber or the President of the Penal Enforcement Chamber, as the case may be. The appeal may be lodged by the prisoner, his lawyer or the public prosecutor. The appeal is lodged either by declaration to the registry of the court that handed…
The President of the Investigating Chamber or the President of the Sentence Enforcement Chamber may also be referred to directly by the prisoner or his lawyer, in accordance with the same procedures, if the judge has not given a ruling within the time limits laid down in this chapter. .
Without prejudice to the provisions of the second paragraph of III of the article 803-8 providing for a suspensive appeal by the public prosecutor, an appeal lodged by a sentenced person against a transfer decision taken pursuant to 1° of II of article 803-8, which he or she considers to excessively infringe the right to respect for his or her family life, shall have suspensive effect. The President of the…
The decisions of the President of the Investigating Chamber or the President of the Penal Enforcement Chamber shall state the reasons on which they are based.
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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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