Unless there is a serious risk that the offence will be repeated, suspension may also be ordered, regardless of the nature of the sentence or the length of the sentence remaining to be served, and for a period that need not be specified, for convicts who are found to be suffering from a life-threatening condition or whose physical or mental health is permanently incompatible with continued detention.
Suspension may only be ordered if medical expertise establishes that the convicted person is in one of the situations set out in the previous paragraph. However, in an emergency, suspension may be ordered on the basis of a medical certificate drawn up by the doctor in charge of the health facility in which the prisoner is being cared for or his substitute.
When the custodial sentence handed down is for a period of up to ten years or, regardless of the sentence initially handed down in an emergency or when the period of detention remaining to be served is up to three years, this suspension is ordered by the sentence enforcement judge in accordance with the procedures laid down by l’article 712-6.
In other cases, it is ordered by the sentence enforcement court in accordance with the procedures set out in Article 712-7.
In the cases provided for in the third and fourth paragraphs of this article, the convicted person may be duly represented by his lawyer when his state of health prevents him from being heard; the adversarial debate is then held in the judicial court.
The court that grants a suspension of sentence pursuant to the provisions of this article may decide to subject the sentenced person to one or more of the obligations or prohibitions provided for by Articles 132-44 and 132-45 of the Criminal Code.
The sentence enforcement judge may at any time order a medical examination of a sentenced person who has benefited from a sentence suspension measure pursuant to this article and order that the suspension be terminated if the conditions of the suspension are no longer met. The same applies if the convicted offender does not comply with the obligations imposed on him pursuant to the provisions of the previous paragraph or if there is once again a serious risk that the offence will be repeated. The sentence enforcement judge’s decision is taken in accordance with the procedures set out in article 712-6.
If the suspension of sentence has been ordered for a criminal conviction, a medical assessment to verify that the conditions for suspension are still met must be carried out every six months.
The provisions of Article 720-2 shall not apply where the provisions of this Article are applied.