Article 728-28 of the French Code of Criminal Procedure
November 7, 2023
Enforcement of the sentence is governed by the law of the State in whose territory it is enforced.
Enforcement of the sentence is governed by the law of the State in whose territory it is enforced.
Where the sentence is the subject of an amnesty, pardon, revision or any other decision or measure having the effect of depriving it, immediately or otherwise, of its enforceability, the representative of the public prosecutor shall inform the competent authority of the executing State without delay.
The Public Prosecutor’s Office recovers the right to enforce the sentencing decision on French territory as soon as the competent authority of the enforcing State informs it of the partial non-enforcement of this decision due to the escape of the sentenced person or the fact that the sentenced person cannot be found on the territory of that State.
Recognition and enforcement on French territory of a conviction handed down by the court of another Member State may be refused only in the cases provided for in Articles 728-32 and 728-33. The decision to refuse shall state the reasons for the refusal by reference to these same articles.
Enforcement of the sentencing decision shall be refused in the following cases: 1° The certificate is not produced, is incomplete or manifestly does not correspond to the sentencing decision and has not been completed or corrected within the time limit set; 2° The sentenced person is neither in France nor in the sentencing State; 3° The conditions laid down in Article 728-11 are not fulfilled; 4° The conviction relates to…
Enforcement of the sentencing decision may be refused in the following cases: 1° The sentencing decision is based on offences committed wholly, mainly or for the most part on French territory or in an assimilated place; 2° The length of the sentence remaining to be served is less than six months on the date of receipt of the certificate; 3° The sentencing State has refused to give its consent for…
The Public Prosecutor receives requests for the recognition and enforcement on French territory of convictions handed down by the courts of other Member States. He may also ask the competent authority of another Member State to forward to him a request for recognition and enforcement on French territory of a conviction handed down by a court in that State. It may obtain or have obtained any additional information it deems…
The competent public prosecutor is the one in whose jurisdiction the last known residence of the convicted person is located, the place where the person is held in custody or the place where the offence was committed when part of the offence was committed on French territory. Failing this, the public prosecutor at the Paris judicial court has jurisdiction. If the public prosecutor to whom the request has been sent…
Where, before transmitting the conviction and the certificate, the competent authority of the convicting State consults the Public Prosecutor, the latter shall inform him without delay if, pursuant to 3° of Article 728-11, the recognition of the decision is subject to the consent of the executing State, of its decision whether or not to consent to the transmission of the sentencing decision and the certificate. When consulted by the competent…
When requested to do so by the competent authority of the sentencing State, the public prosecutor will hear the sentenced person or the person responsible for assisting or representing them on account of their minority or a protection measure, if they are on French territory, in order to obtain their written or oral observations. These observations are attached to the file. Where appropriate, the court will obtain the sentenced person’s…
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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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