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.

BOOK V
EXECUTION PROCEDURES

TITLE I
THE EXECUTION OF SENTENCES

CHAPTER II
PENALTY ENFORCEMENT JURISDICTIONS

SECTION II
JURISDICTION AND PROCEDURE OF FIRST INSTANCE COURTS

Article 712-4
The measures within the competence of the penalty enforcement judge are granted, modified, delayed, refused, withdrawn or revoked by order or reasoned decision given by this judge acting of his own motion, at the request of the convicted person, or on the recommendation of the district prosecutor, according to the distinctions provided for by the following articles.

Article 712-5
Except in urgent cases, rulings concerning reductions of sentence, authorisations for escorted visits, and permission to leave prison are taken after hearing the advice of the Penalty Enforcement Commission.
This Commission is considered to have given its opinion if this has not happened within a month from the day of its being seised of the case.
The Penalty Enforcement Commission is presided over by the penalty enforcement judge. The district prosecutor and the prison governor are members ex officio.

Article 712-6
Decisions relating to external placement, semi-detention, dividing or suspending a sentence, placement under electronic supervision and parole are pronounced, after hearing the opinion of a representative from the penitentiary administration, at the end of an adversarial hearing held in chambers, during which the penalty enforcement judge hears the recommendations of the public prosecutor and the observations of the convicted person and, if he has one, those of his advocate. If the convicted person is in custody, this hearing may take place in the prison. The provisions of article 706-71 may be applied.
With the consent of the district prosecutor and the convicted person or his advocate, the penalty enforcement judge may grant any of these measures without holding an adversarial hearing.
The provisions of the present article also apply, unless the law determines otherwise, to rulings made by the penalty enforcement judge in relation to sentences of socio-judicial supervision, area banishment, community service, suspended sentences coupled with probation or with the obligation to carry out community service, or adjournment of sentence coupled with probation.

Article 712-7
The measures relating to the lifting of the safety term, release on parole or suspension of the sentence which do not come under the competence of the penalty enforcement judge are granted, deferred, refused, withdrawn or revoked by means of a reasoned decision by the penalty enforcement court, seised at the request of the convicted person, the district prosecutor, or on the initiative of the penalty enforcement judge with jurisdiction over the convicted person in accordance with the provisions of article 712-10.
Rulings of the penalty enforcement court are delivered, after hearing the opinion of the penitentiary administration, at the end of an adversarial hearing held in chambers, during which the court hears the recommendations of the public prosecutor and the observations of the convicted person, and, where applicable, those of his advocate. If the convicted person is in custody, this adversarial hearing may be held in the penitentiary institution. The provisions of article 706-71 may be applied.
If he so requests, the civil party's advocate may attend the adversarial hearing before the penalty enforcement court in order to present his observations, before the recommendations of the public prosecutor.

Article 712-8
Judgments altering or refusing the alteration of the measures set out by the first and third paragraphs of article 712-6 or the obligations resulting from these measures or the measures imposed by the penalty enforcement court by applying article 712-7 are taken by means of a reasoned decision by the penalty enforcement judge, unless the district prosecutor requests that they are subject to a judgment taken after an adversarial hearing in accordance with the provisions of article 712-6.

Article 712-9
If a convicted person who is not in custody, having been properly summoned at the address given to the penalty enforcement judge, fails to appear, without a legitimate reason, at the hearing provided for in articles 712-6 and 712-7, the penalty enforcement judge or the penalty enforcement court may rule in his absence. The time limit for appeals then only starts to run from the notification of the judgment made to this address, subject to the provisions of the following paragraph.
If it is not established that the convicted person had knowledge of this notification and the judgment has ordered the revocation or withdrawal of the measure from which he benefits, the appeal remains admissible until the end of the prescription period applicable to the penalty, and the time-limit for entering an appeal runs from the date at which the convicted person had knowledge of the judgment. In case of an appeal, the convicted person has the right to a hearing by the penalty enforcement chamber, to be held, where appropriate, in the manner prescribed by article 706-71.

Article 712-10
The competent penalty enforcement judge is the one of the court in whose jurisdiction the prison in which the convicted person is being detained lies or, if the latter is free, his habitual residence; if his habitual residence is not in France, it is the penalty enforcement judge of the court in whose area is situated the court that ruled at first instance.
Where a non-custodial sentence or a release on parole measure must be carried out outside the jurisdiction of the penalty enforcement judge who imposed them, the convicted person is then entered upon the prison register of the penitentiary institution situated nearest to the place where this measure will be executed. The penalty enforcement judge competent, where appropriate, to detail or alter the terms of implementation of the measure, or to pronounce or propose its withdrawal, is from the court in whose jurisdiction the penitentiary institution is situated.
Where a measure of placement under electronic surveillance or release on parole has been granted, the territorially competent penalty enforcement judge is the one from the court in whose jurisdiction the convicted person's summons was issued or where his habitual residence, determined by the decision which granted the measure, is located.
The territorial competence defined under the present article with reference to the time when the penalty enforcement judge was seised. After this intitial seising, this judge may be removed from the case of his own motion, at the request of the convicted person, or on the recommendation of the public prosecutor, in favour of the penalty enforcement judge of the new place of detention or of the new habitual residence of the convicted person if this is located in another jurisdiction. The penalty enforcement court of the appeal court area in whose jurisdiction the convicted person habitually resides, is imprisoned or is carrying out his sentence in accordance with the terms of the present article, is territorially competent.