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Article 709-2 of the French Code of Criminal Procedure

The public prosecutor draws up an annual report on the state of enforcement of sentences and the time taken to enforce them, which includes, in particular, a report drawn up by the departmental director of public finance on the recovery of fines in the court’s jurisdiction. The departmental director of public finance sends his report to the public prosecutor by the first working day of March at the latest. The…

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Article 710 of the French Code of Criminal Procedure

All disputes relating to enforcement are brought before the court or tribunal that handed down the sentence; this court may also rectify purely material errors contained in its decisions. In considering these requests, it takes into account the behaviour of the convicted person since the sentence was passed, his or her personality, and his or her material, family and social circumstances. In criminal matters, the Investigating Chamber hears rectifications and…

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Article 710-1 of the French Code of Criminal Procedure

When a convicted person requests, pursuant to Article 132-4 of the Penal Code, confusion of sentences pronounced against him/her after the convictions have become final, his/her request is brought before the Criminal Court, whose decision may be appealed before the Criminal Appeals Chamber. The criminal court or courts that handed down the sentences or that are located at the seat of one of the courts that handed down the sentences…

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Article 711 of the French Code of Criminal Procedure

The court or tribunal, at the request of the public prosecutor or the interested party, shall rule in chambers after hearing the public prosecutor, the party’s counsel if he so requests and, if appropriate, the party himself, subject to the provisions of l’article 712. Where the petitioner is detained, his appearance before the court shall be as of right only if he expressly so requests in his petition. The execution…

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Article 712 of the French Code of Criminal Procedure

In all cases where it appears necessary to hear a convicted offender who is detained, the court seised may issue a letter rogatory to the president of the judicial court closest to the place of detention. This magistrate may delegate one of the judges of the court, who shall conduct the hearing of the detainee by means of a record. The court may also decide to apply the provisions of…

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Article 712-1 of the French Code of Criminal Procedure

The Sentence Enforcement Judge and the Sentence Enforcement Court constitute the first-level sentence enforcement courts, which are responsible, under the conditions laid down by law, for setting the main terms and conditions for the enforcement of custodial sentences or certain sentences restricting freedom, by guiding and monitoring the conditions under which they are enforced. These courts are informed by the integration and probation services of the procedures for dealing with…

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Article 712-2 of the French Code of Criminal Procedure

One or more sitting magistrates are entrusted with the duties of the sentence enforcement judge in the judicial courts, the list of which is set by decree. There shall be at least one sentence enforcement judge per department. These magistrates shall be appointed by decree issued after consultation with the Conseil supérieur de la magistrature. Their duties may be terminated in the same manner. If a sentence enforcement judge is…

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Article 712-3 of the French Code of Criminal Procedure

One or more enforcement courts are established within the jurisdiction of each court of appeal, the territorial jurisdiction of which, corresponding to that of one or more judicial courts within the jurisdiction, is set by decree. The sentence enforcement court is composed of a president and two assessors appointed by the first president from among the sentence enforcement judges within the court’s jurisdiction. In the overseas departments, at least one…

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Article 712-4 of the French Code of Criminal Procedure

Measures falling within the jurisdiction of the sentence enforcement judge are granted, modified, deferred, refused, withdrawn or revoked by order or reasoned judgment of this magistrate acting ex officio, at the request of the sentenced person or at the request of the public prosecutor, according to the distinctions set out in the following articles.

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Article 712-4-1 of the French Code of Criminal Procedure

Where provided for by law, decisions on the enforcement of sentences are taken after consulting the enforcement of sentences committee chaired by the enforcement of sentences judge and made up of the public prosecutor, the head of the prison, a representative of the prison integration and probation service and a representative of the commanding body or the supervisory and enforcement body of surveillance staff When the commission gives its opinion…

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