Article 758 of the French Code of Criminal Procedure
In accordance with the dispositions de l’article L. 216-1 du code pénitentiaire, la contrainte judiciaire est subie en établissement pénitentiaire, dans le quartier à ce destiné.
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In accordance with the dispositions de l’article L. 216-1 du code pénitentiaire, la contrainte judiciaire est subie en établissement pénitentiaire, dans le quartier à ce destiné.
Individuals against whom the constraint has been pronounced may prevent or cease its effects either by paying or depositing a sum sufficient to extinguish their debt, or by providing a surety recognised as good and valid. The surety is accepted by the competent public accountant. In the event of a dispute, it shall be declared, if appropriate, good and valid by the president of the judicial court acting by way…
When the judicial restraint has ended for any reason, it may no longer be exercised either for the same debt or for convictions prior to its execution, unless these convictions entail by their quantum a longer restraint than that already undergone, in which case the first incarceration must always be deducted from the new restraint.
The detained debtor is subject to the same regime as convicted prisoners, without, however, being required to work.
A convicted person who has undergone judicial restraint is not released from the amount of the sentences for which it was exercised.
When the sentence enforcement judge rules in application of the provisions of article 754to enforce the imprisonment incurred for failure to pay a day-fine, the provisions of article 750 do not apply. The provisions of articles 752 and 753 are applicable. For the application of article 754, a formal notice to pay, sent by registered letter with acknowledgement of receipt, has the same effects as a summons to pay. The…
A person sentenced to a residence ban pursuant to article 131-31 du code pénal may be subjected by the sentencing decision to one or more of the following supervision measures: 1° Report periodically to the services or authorities designated by the sentencing decision; 2° Inform the sentence enforcement judge of any travel beyond limits determined by the sentencing decision; 3° Respond to summonses from any authority or qualified person designated…
The person sentenced to the residence ban is required to inform the sentence enforcement judge under whose supervision he or she is placed of any change of residence. Article 712-17 is applicable to a person sentenced to a residence ban.
The assistance measures provided for in article 131-31 of the Penal Code are intended to facilitate the convicted person’s social rehabilitation.
The sentence enforcement judge in whose jurisdiction the sentenced person has declared that he or she will take up residence will ensure that the assistance measures are implemented and that the supervision measures provided for in the sentencing decision are complied with. At any time during the period of the ban on residence, the sentence enforcement judge may, after hearing the convicted offender and advising the public prosecutor, amend the…
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is a Registered Trademark of
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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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