Except in emergencies, orders concerning sentence reductions, escorted outings and temporary absences shall be made after consulting the Sentence Enforcement Commission. This commission shall be deemed to have given its opinion if it is not given within one month of the date of referral. .
Rulings concerning work release, semi-liberty, splitting and suspension of sentences, home detention under electronic surveillance and conditional release are made, after consulting the representative of the prison administration, following an adversarial hearing held in chambers, during which the sentence enforcement judge hears the prosecution’s submissions and the sentenced person’s observations and, where applicable, those of his lawyer, without prejudice to the application of the provisions of article 712-16-3. If the…
Measures concerning the increase in the security period, conditional release or suspension of sentence which do not fall within the jurisdiction of the sentence enforcement judge are granted, postponed, refused, withdrawn or revoked by reasoned judgment of the sentence enforcement court hearing the case at the request of the sentenced person, at the request of the public prosecutor or on the initiative of the sentence enforcement judge to whom the…
Decisions modifying or refusing to modify the measures mentioned in the first and fourth paragraphs of article 712-6 or the obligations resulting from these measures or from measures ordered by the sentence enforcement court pursuant to article 712-7 are taken by reasoned order of the sentence enforcement judge, unless the public prosecutor requests that they be the subject of a judgment taken after adversarial debate in accordance with the provisions…
If the non-detained sentenced person, duly summoned to the address declared to the sentence enforcement judge under whose supervision he or she is placed, fails, without legitimate reason, to attend the adversarial hearing provided for by the articles 712-6 or 712-7, the sentence enforcement judge or the sentence enforcement court may rule in his absence. The time limit for appeal then only runs from the notification of the judgment made…
Jurisdictional competence lies with the sentence enforcement judge of the court within whose jurisdiction is located either the prison in which the sentenced person is imprisoned or, if the sentenced person is free, his habitual residence or, if he does not have a habitual residence in France, the sentence enforcement judge of the court within whose jurisdiction is located the court that ruled in the first instance. When a work…
The decisions of the sentence enforcement judge and the sentence enforcement court may be appealed by the sentenced person, by the public prosecutor and by the public prosecutor, as from their notification: 1° Within a period of twenty-four hours in the case of the orders mentioned in articles 712-5,712-8,713-43 and, 713-44 and 720; 2° Within ten days in the case of the judgments referred to in Articles 712-6 and 712-7.
An appeal against the orders referred to in 1° of Article 712-11 shall be referred to the president of the enforcement division of the court of appeal, who shall rule by reasoned order in the light of the written observations of the public prosecutor and those of the convicted offender or his lawyer.
An appeal against the judgments referred to in the articles 712-6 and 712-7 is brought before the Enforcement of Sentences Chamber of the Court of Appeal, which rules in a reasoned judgment after an adversarial debate during which the prosecution’s case and the sentenced person’s lawyer’s observations are heard. The sentenced person is not heard by the chamber, unless it decides otherwise. His or her hearing is then held, in…
The decisions of the enforcement judge and the enforcement court are provisionally enforceable. However, where the public prosecutor’s appeal is lodged within twenty-four hours of notification, it suspends enforcement of the decision until the enforcement division of the court of appeal or its president has ruled. The case must be heard no later than two months after the public prosecutor’s appeal, failing which the appeal is null and void.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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