This measure concerns the recognition and enforcement of custodial sentences or the transfer of convicted persons who have received custodial sentences: on/to the territory of another Member State of the EU in relation to sentences passed by a French court and on/to French territory in relation to sentences passed by a court of one Member State of the EU.
Recognition and enforcement on the French territory:
1/ Information regarding the sentenced person:
A sentencing decision issued by a court of a Member State can be transmitted by the authority of that State for the purpose of recognition and enforcement in France if the sentenced person is located on French territory and in the following cases:
1° The sentenced person is a French national;
2° The sentenced person is a French national and is the subject, by virtue of the sentencing decision or of any other judicial or administrative decision of a deportation order to the territory of the State of which he is a national, enforceable on his release;
3° The sentenced person, whatever his nationality, and also the competent French authority consent to the enforcement of the sentencing decision which is the subject of the transmission.
In the case specified in subparagraph 3°, the consent of the sentenced person is not required if he took refuge on French territory or if he returned there because of his conviction/sentence or because the investigations and prosecution had been completed there. In the case specified in subparagraph 3° and when France is the executing State, the competent authority can only consent to the execution of the sentence on French territory if the sentenced person has been living there regularly in an uninterrupted manner for at least five years (article 728-11 Code of criminal procedure).
2/ Procedure for the enforcement of the sentence on French territory :
If the sentencing decision can be recognised as being enforceable in France, the public prosecutor shall assess whether it is appropriate to adapt the custodial sentence or detention order that has been imposed. When the length of the sentence or detention order that has been imposed is greater than that which could have lawfully been imposed by a French court for the same offence, the public prosecutor shall propose the reduction of the sentence to the maximum lawfully applicable under French law for the relevant offence. When the sentence comprises punishment for several offences the prosecutor will propose the maximum sentence lawfully applicable for the offence which corresponds to the most heavily punishable offence. When, by its nature, the custodial sentence or detention order is incompatible with French law, the prosecutor shall propose the substitution of the custodial sentence or detention order in accordance with French law, unless such substitution would make the sentence longer/heavier. If the presiding judge (“President”) of the legal court approves the proposal to adapt the sentence if that sentence is above the maximum lawfully applicable to the corresponding offence under French law, the sentence is served in France in accordance with the French law on the execution and enforcement of sentences. When the public prosecutor proposes the adaptation of the sentence s/he refers the matter without delay to the presiding judge of the legal court or to the judge appointed by the presiding judge for the approval of the proposal to adapt the sentence. The prosecutor sends all of the case papers to the presiding judge of the legal court or to the judge to whom the presiding judge has delegated the matter. Within five days of the referral, the presiding judge of the legal court or the judge to whom he has delegated the matter decides, on the basis of the evidence that has been sent to him, whether it is appropriate to approve the public prosecutor’s proposal to adapt the sentence.
The public prosecutor's office or the convicted person can lodge an appeal within a 10 days from the notification of the adaptation decision (article 728-48 and 728-49 Code of criminal procedure).
3/ Provisional arrest (article 728-64 to 728-70 Code of criminal procedure):
When the sentenced person is located on French territory and the competent authority of the sentencing State asks for the provisional arrest of the sentenced person or for any other measure to ensure that the sentenced person remains on French territory whilst the decision on the recognition and enforcement of the sentencing decision is awaited, the public prosecutor, if he considers that the person has not given sufficient assurances that he will appear in court, shall require that the person be apprehended and brought before him within 24 hours. During this period the articles of the Code of Criminal Procedure on the rights of a person in custody shall apply. In the event that the request mentioned in the first paragraph of this article has been made by the competent authority of the sentencing State before that State has transmitted the sentencing decision and the certificate, the person can only be apprehended under the first paragraph of this article if the competent authority of the sentencing State has provided the following information to the public prosecutor:
1° The name of the sentencing State and of the court which issued the sentencing decision;
2° The identity of the person in respect of whom the sentencing decision has been issued, his last known home address(es), and information that indicates that he is located in the sentencing State or in the executing State;
3° The date of the sentencing decision and the date on which that decision became final;
4° The grounds for transmitting the sentencing decision in relation to the sentenced person;
5° The date, place and circumstances in which the offence(s) were committed and the nature, the legal definition and a complete description of the offences (the facts of the case);
6° The details of the custodial sentence or detention order that is to be executed, its total duration, the amount of the sentence that has already been served and the date on which the sentence will have been fully executed.
4/ Principle of specialty:
A person transferred to French territory for the enforcement of a sentence or measure involving deprivation of liberty may not be sought, prosecuted, sentenced or detained for any other act prior to his or her transfer, except in the cases provided for in Article 728-62 of the Code of Criminal Procedure and in particular if he or she has waived the principle of speciality.