Where the custodial sentence handed down is for a period of less than or equal to ten years, or where, regardless of the sentence initially handed down, the period of detention remaining to be served is less than or equal to three years, conditional release is granted by the sentence enforcement judge in accordance with the procedures laid down by l’article 712-6.
In other cases, conditional release is granted by the sentence enforcement court in accordance with the procedures set out in Article 712-7.
For the application of this article and without prejudice to the articles 720 and 730-3, the situation of each sentenced person is examined at least once a year, when the time conditions set out in Article 729 are met.
For applications for conditional release concerning persons sentenced to a term of imprisonment equal to or exceeding five years or to a term of imprisonment, the civil party’s lawyer may, if he or she so requests, attend the adversarial debate before the sentence enforcement judge, the sentence enforcement court or the sentence enforcement chamber of the court of appeal ruling on the appeal in order to make his or her observations, before the public prosecutor makes his or her submissions.
A decree shall lay down the detailed rules for the application of this article.