Home detention with electronic surveillance may be ordered, ex officio or at the request of the person concerned, by the investigating judge or by the liberty and custody judge if the person under investigation is facing a criminal prison sentence of at least two years or a more serious sentence.
This measure obliges the person to remain at his or her home or at a residence set by the investigating judge or the liberty and custody judge and to be absent only under the conditions and for the reasons determined by that magistrate.
This obligation is enforced under the system of placement under electronic surveillance, using the process provided for by Article 723-8. It may also be carried out under mobile electronic surveillance, using the procedure provided for by article 763-12, if the person is indicted for an offence punishable by more than seven years’ imprisonment and for which socio-judicial monitoring is incurred. The articles 723-9 and 723-12 as well as, where applicable, articles 763-12 and 763-13 are applicable, with the investigating judge exercising the powers assigned to the sentence enforcement judge.
The person may also be subject to the obligations and prohibitions provided for by Article 138.
The person under investigation shall be informed that the installation of the device provided for in Article 723-8 cannot be carried out without his consent, but that refusing such installation constitutes a breach of the obligations incumbent upon him and may result in the revocation of the house arrest with electronic surveillance and his placement in pre-trial detention.