BOOK V
EXECUTION PROCEDURES

TITLE I
THE EXECUTION OF SENTENCES

CHAPTER I
GENERAL PROVISIONS

Article 707
At the decision or under the supervision of the judicial authorities, sentences imposed by the criminal courts are, except in insuperable circumstances, enforced effectively and as soon as possible.
The execution of the sentences favours the reintegration of convicted persons as well as the prevention of recidivism, whilst respecting the interests of society and the rights of victims.
To this end, the sentences may be modified during the course of their implementation to take into account the evolving personality and situation of the convicted person. The individualisation of the sentences must, whenever possible, allow the progressive return of the convicted person to freedom, and avoid release without any form of judicial support.

Article 707-1
The public prosecutor and the parties seek to obtain the execution of that part of the sentence that concerns them.
However, proceedings for the recovery of fines and confiscations are undertaken by the tax collector in the district prosecutor's name.
The payment of the fine must always be sought. However, a total or partial default on the payment of this sum may lead to the incarceration of the convicted person in accordance with the conditions set down by the law.
For the recovery of any fines, the limitation period is interrupted by an order delivered to the convicted person or by a seizure of which he is informed.

Article 707-2
In proceedings for misdemeanours or petty offences, any person sentenced to a fine has a month from the date the sentence was imposed in which to pay.
Where the convicted person pays the fine as provided for by the first paragraph, there is a reduction of 20%, up to a maximum of €1,500.
Where an appeal is lodged against the part of the penal aspects of the decision, at the request of the party concerned, any sums paid out are reimbursed.
A Decree of the Conseil d'Etat determines the conditions of implementation of the present article.

Article 707-3
Where a court imposes a fine for a misdemeanour or a petty offence, the president informs the convicted person that if he pays the entire fine within a month from the date of the ruling which imposed it, there is a reduction of 20%, up to a maximum of €1,500.
The president informs the convicted person that the payment of the fine will not impede any proceedings for appeal.

Article 707-4
The provisions of articles 707-2 and 707-3 also apply to any convicted persons who have been authorised to pay fines in several instalments over a period of time, within a time limit and according to any provisions determined by the competent public Treasury departments.

Article 708
The execution of any sentence or sentences imposed takes place upon an application made by the public prosecutor after the decision has become final.
However, the time limit accorded to the prosecutor general by articles 505 and 548 for entering an appeal does not prevent the execution of the penalty.
The execution of a penalty imposed for a petty offence or for a non-custodial misdemeanour penalty may be suspended or divided for serious medical, family, professional or social reasons. The decision is made either by the public prosecutor, or on the suggestion of the public prosecutor by the correctional court, the police court or the neighbourhood court in a hearing in chambers, according to whether the sentence must be suspended for less or more than three months. But it is not possible to suspend or divide the suspension of a driving licence in misdemeanour cases or for offences for which the law or the regulations provide that this penalty may not be limited to driving outside professional activities.
Where the trial court has decided that the execution of a fine, day-fine, or suspension of a driving licence should be divided pursuant to article 132-28 of the Criminal Code, such a decision may be varied pursuant to the conditions stated in the previous paragraph.
NOTE: Act no. 2005-47, article 11: These provisions come into force on the first day of the third month following their publication. Nevertheless, any cases of which the police court or the neighbourhood court were lawfully seised at that date remain within the jurisdiction of those courts.

Article 709
The district prosecutor and public prosecutor have the right to directly request the assistance of the law-enforcement agencies to ensure the execution of the sentence.

Article 709-2
The district prosecutor draws up an annual report on the state and the time limits for the execution of the penalties, which contains, in particular, a report by the chief court accountant on the recovery of the fines in the court's jurisdiction. The chief court accountant sends his report to the district prosecutor on the first working day of the month of May. The district prosecutor's report is made public before the last working day of the month of June, in accordance with the conditions determined by a decree from the Minister of Justice.

Article 710
Any procedural objections concerning the execution of penalties are filed with the court or appeal court which has imposed the sentence. This court may also rectify any purely clerical errors included in its decisions. It decides on any petition for the concurrence of penalties presented pursuant to article 132-4 of the Criminal Code.
In felony cases, the investigating chamber of the appeal court deals with any rectifications and incidents of execution that may arise from the judgments made by the assize court.
Equally competent to deal with applications under the present article, according to the distinctions provided by the previous two paragraphs, is the court or appeal court or investigative chamber in the area where the convicted person is held. A public prosecutor who receives an application for penalties to be consolidated lodged by a detainee may send this request to the court of the place in which the detention is taking place.

Article 711
The district or appeal court, upon an application made by the public prosecutor or the party concerned, decides in chambers after having heard the public prosecutor, the counsel of the party if he so requests and, if necessary, the party himself, subject to the provisions of article 712. Where the applicant is in detained, he has a right to appear before the court is only if he expressly requests this in his application.
The execution of the disputed decision is suspended if the court or appeal court so orders.
The decision on the objection is served, on the application of the public prosecutor, to the parties concerned.

Article 712
Whenever the examination of a detained convicted person appears necessary, the court seised of the case may send a rogatory letter to the president of the district court nearest to the place of detention.
This judge may delegate this to one of the court's judges, who then proceeds with the examination of the detainee and drafts an official record of such examination.
The court may also decide to apply the provisions of article 706-71.