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Article 728-48 of the French Code of Criminal Procedure

The decision of the public prosecutor referred to in Article 728-43 and, where applicable, the order approving or refusing to approve the proposal to adapt the custodial sentence or detention order referred to in Article 728-47 are notified without delay to the sentenced person. The convicted person is informed by a note in the notification that, if he or she does not accept this decision, he or she has a…

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Article 728-49 of the French Code of Criminal Procedure

If the public prosecutor refuses to approve the adaptation proposal that he has made, he may either submit a new request to the president of the judicial court or the judge delegated by him, submitting another decision or the same decision with different reasons or based on new elements, or, within ten days of the order refusing approval, refer the matter to the Criminal Appeals Chamber for a ruling on…

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Article 728-51 of the French Code of Criminal Procedure

The hearing of the Criminal Appeals Chamber is public, except if the person is a minor or if publicity is likely to prejudice the proper conduct of the proceedings in progress, the interests of a third party or the dignity of the person. In this case, the Criminal Appeals Chamber, at the request of the Public Prosecutor, the convicted person’s lawyer or of its own motion, will give a ruling…

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Article 728-52 of the French Code of Criminal Procedure

When it is in possession of the necessary information, the Criminal Appeals Chamber shall decide, within a maximum of fifteen days, whether to recognise the decision sentencing the person to a custodial sentence or security measure as enforceable on French territory. Articles 728-37 to 728-39 and 728-42 to 728-44 are applicable. For the application of these same articles, the criminal appeals chamber exercises the powers of the public prosecutor. When…

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Article 728-54 of the French Code of Criminal Procedure

Where, in exceptional cases, the final decision on the recognition and enforcement of the sentence cannot be taken within ninety days of receipt of the sentencing decision and the certificate, the public prosecutor will immediately inform the competent authority of the sentencing State, giving the reasons for the delay and the additional time he considers necessary for the decision to be taken. In the event that the public prosecutor or…

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Article 728-55 of the French Code of Criminal Procedure

The public prosecutor will immediately inform the competent authority in the sentencing State of the final decision taken on the recognition and enforcement of the sentencing decision and, where appropriate, on the adaptation of the custodial sentence or detention order. Where the final decision consists of a refusal to recognise and enforce the sentencing decision or involves an adaptation of the custodial sentence or detention order, the public prosecutor will…

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Article 728-56 of the French Code of Criminal Procedure

As soon as the decision to recognise the sentencing decision as enforceable in France has become final, the custodial sentence or detention order may be enforced under the conditions laid down in the decision, for the part that remained to be served in the sentencing State. The enforcement of the sentence is governed by this code.

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Article 728-57 of the French Code of Criminal Procedure

Where the sentencing decision is the subject of an amnesty or pardon in France or in the sentencing State, or of a suspension or annulment decided following the commencement of review proceedings in the sentencing State, or of any other decision or measure having the effect of removing its enforceability, the Public Prosecutor puts an end to its enforcement. A conviction handed down abroad may not be the subject of…

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