In the event of an appeal, a copy of the sentenced person’s individual file and the decision of the enforcement judge or court is sent to the enforcement chamber of the court of appeal or its president.
In support of his appeal, the sentenced person or his lawyer may send written observations to the president or to the chamber. Except in urgent cases, these observations must be sent no later than one month after the date of the appeal, unless an exemption is granted by the president of the court.
During the appeal proceedings, the provisions of Article D. 49-29 relating to the communication of the sentenced person’s individual file are applicable.
During this hearing, the sentence enforcement judge may, of his own motion or at the request of the president of the chamber, communicate any information on the sentenced person’s situation on the day of the appeal hearing, and in particular on the validity of the proposed sentence adjustment.
During this hearing, the president of the sentence enforcement chamber will refer the matter to the prison integration and probation service as early as possible before the hearing, if it appears necessary to update the information in the convicted person’s individual file in order to be able to take the decision to individualise the sentence that is best suited to his or her situation.
In the event of a conviction for offences committed within a couple and falling under the article 132-80 of the Penal Code, this update must, in particular, enable it to determine whether it is appropriate to impose an anti-rapprochement bracelet measure pursuant to the article 132-45-1 du code pénal.