Fiches Belges
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Competent authority
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Execute/recognise measure

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Fiches Belges: Franta

Probation measures (904)

1. MEASURE IMPLEMENTATION

Franta

Is this measure possible in your Member State under International Judicial Cooperation?

This measure is applicable under French law This measure concerns the recognition and enforcement of sanctions which are alternatives to custodial sentences and of probation measures: • On the territory of another Member State of the EU in respect of sentences passed by a French court; • On French territory in respect of sentences passed by a court of another EU Member State. It concerns the monitoring/supervision of persons who have been sentenced or who have been conditionally released: • On the territory of another State in relation to sentences passed by a French court; • On French territory in relation to sentences passed by a court of another State.

2. LEGAL FRAMEWORK

Franta

International legal framework applicable for this measure in your Member State

European Union: Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions Council of Europe or EU Member State which has not transposed FD 2008/947/JHA: Council of Europe Convention of 30 November 1964 on the supervision of conditionally sentenced or conditionally released offenders (only with States which have signed and ratified this convention)

3. COMPETENT AUTHORITY TO:

Franta

* receive the request/decision for judicial cooperation

European Union: • Recognition and execution of a French probation measure on the territory of another Member State: the public prosecution service of the court which passed the sentence or ordered the probation measure including alternative sanctions or measures provided under articles 764-3 and 764-4 (listed under point 6b. below) • Recognition and execution in France of a probation measure ordered by a court of an EU Member State: o the public prosecutor of the regional court in the jurisdiction in which the habitual and regular residence of the sentenced person is situated; o by default, the public prosecutor of the regional court of Paris. Council of Europe or EU Member State which has not transposed FD 2008/947/JHA: Ministry of Justice Directorate of Criminal Affairs and Pardons Office of International Mutual Legal Assistance in Criminal Matters 13, Place Vendôme 75042 Paris cedex 01

* execute/recognise the measure (if other than the receiving authority)

N/A

4. ACCEPTED LANGUAGES

Franta

Accepted languages for the request/decision

European Union: French Council of Europe or EU Member State which has not transposed FD 2008/947/JHA: France has not made a declaration on this matter.

5. EXECUTION DEADLINE

Franta

Deadlines for the execution of the request/decision (where applicable)

European Union: • recognition and execution in France of a probation measure ordered by a court of an EU Member State:  within 7 days of receiving the certificate, the public prosecutor shall refer the matter to the judge responsible for enforcing sentences (sentence enforcement judge) who is competent to rule on requests for recognition and monitoring (article 764-22 of the Code of Criminal Procedure);  within the 10 days following the prosecutor’s submissions, the sentence enforcement judge shall issue his ruling by making an order concerning the request for recognition;  the monitoring of the measure is conducted under the control of the sentence enforcement judge or of the public prosecutor if the measure does not fall within the responsibilities of the sentence enforcement judge and is regulated by the Criminal Code or by the Code of Criminal Procedure, from the date that the recognition decision becomes final or 10 days after that date in the event that it is adapted. Council of Europe or EU Member State which has not transposed FD 2008/947/JHA: No deadline.

6. CONCISE LEGAL PRACTICAL INFORMATION

Franta

a. Special requirements

6. Concise practical information concerning the European Union only and the implementation of FD 2008/947/JHA a. Particular requirements In accordance with article 712-10, the public prosecutor shall refer the request, together with his/her submissions, to the sentence enforcement judge who has territorial jurisdiction. The sentence enforcement judge shall make a ruling by way of an order which is appealable. Mandatory grounds for refusing execution: 1° The certificate has not been produced, is incomplete or manifestly does not correspond to the sentence or to the decision and has not been completed or corrected within the fixed deadline; 2° The conditions provided under articles 764-2 to 764-5 have not been met, in particular when, in accordance with subparagraph 2° of article 764-5, the recognition of the sentence or of the probation decision is conditional upon the consent of France and that consent has not been requested or has been refused; 3° The sentencing decision relates to offences for which the convicted person has already been definitively convicted by the French courts or by the courts of a State of the European Union other than the sentencing State, on condition that the sentence has been executed, is in the process of being executed or can no longer be executed according to the law of the State which passed the sentence; 4° The sentence is based on conduct which does not constitute an offence under French law; 5° The offence could have been tried by French courts and the statutory limitation period for the execution of the sentence had expired under French law on the date on which the certificate was received; 6° The sentenced person benefits in France from an immunity which constitutes a bar to the execution of the sentence or of the decision; 7° The person who is the subject of the sentence or the decision was a minor aged under 13 years on the date of the offence(s); 8° The sentenced person did not appear in person at the trial which led to the decision, except in the cases specified in subparagraphs 1° to 3° of article 695-22-1; 9° The sentence passed includes an order for psychiatric or medical care or another type of measure which cannot be executed under the rules of the French legal system or the French health care system. The ground for refusal provided under subparagraph 4° cannot be relied upon when the sentencing decision concerns an offence relating to taxes, duties, customs and foreign currency exchange on the basis that French law does not provide for the same type of taxes or duties or does not contain the same type of regulation in matters of tax, duties, customs or foreign currency exchange as the law of the sentencing State. Discretionary grounds for refusal: 1° The length of the alternative sanction or the probation measure is less than six months on the date the certificate is received; 2° The sentence or the decision was made in respect of offences committed wholly, for the most part or in the main on French territory or in a place that is equivalent to French territory; 3° The sentencing decision relates to offences for which the convicted person has already been definitively convicted by a court of a State which is not a Member State of the European Union, on condition that the sentence has been executed, is in the process of being executed or can no longer be executed according to the law of the sentencing State. Procedure of adaptation of the sentence or measure: The sentence enforcement judge shall consider whether it is appropriate to adapt the sentence or probation measure that has been passed or ordered, or whether it is appropriate to adapt the length of the sentence or measure. When the nature of the probation measure or alternative sanction does not correspond to measures provided under French law, the sentence enforcement judge shall substitute the probation measure or alternative sanction with the measure which is closest to that ordered by the sentencing State which could have been lawfully imposed by a French court for the same offences. When the length of the alternative sanction or the probation measure is greater than that which could have lawfully been imposed by a French court for the same offence, the sentence enforcement judge shall reduce the length to the maximum length that can lawfully be imposed under French law for the corresponding offence. When the sentence comprises punishment for several offences he shall apply the maximum sentence lawfully applicable for the offence which corresponds to the most heavily punishable offence. The probation measure or alternative sanction thus adapted shall not be more severe or longer than that initially imposed.

b. Other useful information

b. Other practical information Nature of the sentences and measures concerned: • The sentences and decisions which can give rise to cross-border execution under this title are the following: 1° Sentences consisting of probation orders which provide, in the event that the probation order is not complied with, a prison sentence or a custodial sentence which is, in whole or in part, suspended, conditional upon compliance with the probation orders; 2° Sentences involving an adjournment of sentencing and imposing probation measures; 3° Sentences imposing a sanction which is an alternative to a custodial sentence, imposing an obligation/order or an injunction, with the exception of financial penalties and confiscations; 4° Decisions imposing probation measures, issued within the framework of the execution of final sentences, in particular in cases of conditional release (parole). • The alternative sanctions and probation measures for which the monitoring (supervision) can be transferred to the executing State are those which impose one or more of the following obligations/orders or injunctions: 1° An obligation on the sentenced person to inform a specific authority of any change of home address or workplace; 2° An injunction prohibiting the person from entering certain premises or from entering certain areas specified by the sentencing State or by the executing State; 3° Restrictions on the possibility of leaving the territory of the executing State; 4° Injunctions concerning behaviour, residence, training/education or leisure activities or including restrictions or requirements relating to the carrying out of a professional activity; 5° An order requiring the person to present himself at specific times to a specific authority; 6° An order to avoid all contact with specific persons; 7° A prohibition on possessing or using specific objects which have been used by the sentenced person or which could be used in order to commit an offence or a serious offence; 8° An order to make financial compensation for the damage/injury caused by the offence or an order to provide evidence that this requirement has been fulfilled; 9° An order to carry out community service (work in the community); 10° An order to cooperate with a probation officer or with a representative of a social service performing functions in relation to sentenced persons; 11° An order to undergo medical treatment or to undertake a programme of detoxification treatment; 12° Where necessary, other orders and injunctions notified to the Secretary General of the Counsel of the European Union, which the executing State is willing to supervise. • The following orders can also be monitored and supervised in France: 1° A prohibition on the carrying out of a professional or charitable activity involving regular contact with minors; 2° A prohibition on driving a vehicle; 3° An order prohibiting the possession or carrying of a weapon for which a licence is required. Information concerning the sentenced person: A sentencing decision or probation order can be transmitted to the competent authority of another Member State of the European Union when: 1° The person concerned has his habitual residence, on a regular basis, on the territory of that State and has returned there or wishes to return there; 2° The person concerned does not have his habitual residence, on a regular basis, on the territory of that State, but requests to serve his sentence or carry out his probation measure there, provided that the competent authority of that State consents to the transmission of the sentencing decision or the related probation order.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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