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Home | French Legislation Articles | French Code of Criminal Procedure | Legislative part | Book V: Enforcement procedures | Title II: Detention | Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union | Section 3: Provisions relating to the enforcement on French territory of sentences handed down by the courts of other Member States of the European Union | Paragraph 3: Decision on recognition and enforcement and enforcement and appeals. | Article 728-46 of the French Code of Criminal Procedure

French Code of Criminal Procedure
- Legislative part
  - Book V: Enforcement procedures
    - Title II: Detention
      - Chapter VI: Enforcement of decisions imposing custodial sentences or security measures pursuant to Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union
        Section 3: Provisions relating to the enforcement on French territory of sentences handed down by the courts of other Member States of the European Union
        Paragraph 3: Decision on recognition and enforcement and enforcement and appeals.

Article 728-46 of the French Code of Criminal Procedure

Article 728-46 of the French Code of Criminal Procedure

November 7, 2023
6:56 am

When the public prosecutor proposes to adapt the sentence pursuant to Article 728-44, he shall immediately refer the matter to the president of the judicial court or the judge delegated by him for approval of the proposed adaptation.

He shall send the president of the court or the judge delegated by him all the documents relating to the proceedings.

Original in French 🇫🇷

Article 728-46

Lorsque le procureur de la République propose d’adapter la peine en application de l’article 728-44, il saisit sans délai le président du tribunal judiciaire ou le juge délégué par lui aux fins d’homologation de la proposition d’adaptation.

Il communique au président du tribunal judiciaire ou au juge délégué par lui l’ensemble des pièces de la procédure.

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