Legislative part

With the prior agreement of the examining magistrate, the hours of presence at home or in the places of assignment may, in the case of modifications favourable to the person under investigation that do not affect the balance of the supervision measure, be modified by the head of the penitentiary establishment or the director of the penitentiary integration and probation service, who shall inform the examining magistrate.

In the event of a decision to dismiss, acquit or acquit having become final, the person placed under house arrest with electronic surveillance shall be entitled to compensation for the harm suffered in accordance with the procedures laid down in articles 149 to 150.

Home detention with electronic monitoring is treated in the same way as pre-trial detention for the purposes of counting its full duration against that of a custodial sentence, in accordance with Article 716-4.

Investigating and sentencing courts may, as an alternative measure to pre-trial detention, impose house arrest with electronic surveillance in the cases provided for by articles 135-2, 145, 148, 201, 221-3, 272-1, 397-3, 695-34 et 696-19. This measure may be lifted, maintained, modified or revoked by the investigating and trial courts under the same terms as judicial supervision pursuant to the articles 148-2, 148-6, 213, 272-1, 695-35, 695-36, 696-20 et 696-21.

Notwithstanding the provisions of article 142-5, house arrest enforced under mobile electronic surveillance may be ordered when the person is under investigation for violence or threats, punishable by at least five years’ imprisonment, committed : 1° Either against their spouse, cohabitee or partner in a civil solidarity pact; 2° Or against their children or those of their spouse, cohabitee or partner. This article also applies when the offence is committed…

A decree shall determine the detailed rules for the application of this subsection.