Without prejudice to the provisions of the second paragraph of III of the article 803-8 providing for a suspensive appeal by the public prosecutor, an appeal lodged by a sentenced person against a transfer decision taken pursuant to 1° of II of article 803-8, which he or she considers to excessively infringe the right to respect for his or her family life, shall have suspensive effect. The President of the Enforcement Division must then give a ruling within fifteen days of receiving the file, failing which the transfer decision lapses.
When the transfer decision has lapsed pursuant to the previous paragraph, the sentence enforcement judge shall rule again within ten days on the application of II of Article 803-8, without being able to order the same transfer again.