In the event of a final conviction for an offence to a firm prison sentence of less than or equal to six months, or the firm part of which is less than or equal to six months, including if this sentence results from the revocation of a suspended sentence, the sentence enforcement judge may, before the prison sentence is served or during its execution, order, of his own motion or at the request of the convicted person and in accordance with the procedures set out in articles 712-6 or 723-15, the conversion of this sentence into a sentence of house arrest under electronic surveillance, a sentence of community service, a fine-day sentence or imprisonment with an enhanced probationary period, where this conversion seems likely to ensure the convicted person’s rehabilitation and prevent re-offending.
When the sentence is converted to electronically supervised home detention, the duration of the latter is equal to that of the prison sentence handed down or the remainder of that sentence.
When the sentence is converted to community service, the length of the prison sentence imposed or the remainder of the sentence may be enforced by the judge if the offender fails to perform the work. Conversion to community service is only possible if, after being informed of the right to refuse to perform community service, the sentenced person has expressly stated that he or she waives this right.
When the sentence is converted into a fine-day sentence, the number of days is equal to that of the prison sentence handed down or the remainder of that sentence.
As soon as the matter is referred to it, the sentence enforcement judge may order the suspension of the execution of the sentence until his decision on the merits.