BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER I
FLAGRANT FELONIES AND MISDEMEANOURS

Article 63
...
The person so placed in custody may not be held for more than twenty-four hours. However, the detention may be extended for a further period of up to twenty-four hours on the written authorisation of the district prosecutor. The district prosecutor may make this authorisation conditional on the prior production before him of the person detained.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER I
FLAGRANT FELONIES AND MISDEMEANOURS

Article 63-3
Any person placed in police custody may, at his request, be examined by a doctor appointed by the district prosecutor or the judicial police officer. Where the police custody is extended, he may request to be examined a second time.
The district prosecutor or the judicial police officer may at any time appoint on their own motion a doctor to examine the person under police custody.
Where no request has been made by the person under police custody, by the district prosecutor or by the judicial police officer, a medical examination is as of right if a member of the person's family requests it. The doctor is appointed by the district prosecutor or by the judicial police officer.
The doctor examines the person under police custody forthwith. The medical certificate, which must specifically state the fitness of the person to be held further in custody, is attached to the case file.
The provisions of the present article are not applicable where a medical examination is made pursuant to any specific rule.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER II
THE PRELIMINARY POLICE INQUIRY

Article 77
The judicial police officer may keep at his disposal for the requirements of the inquiry any person against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit an offence. He informs the district prosecutor of this when the police custody begins. The person under police custody may not be kept more than twenty-four hours.
Before the twenty-four hours have expired the district prosecutor may extend the police custody by a further period not exceeding twenty-four hours. This extension may be granted only after a prior presentation of the person to this prosecutor. However, it may exceptionally be granted by a written and reasoned decision in the absence of a prior presentation of the person. If the inquiry is followed in an area other than that of the seat of office of the district prosecutor dealing with the offence, the extension may be granted by the district prosecutor of the place where the measure is carried out.
On the instructions of the district prosecutor dealing with the case, at the end of the police custody persons against whom material has been collected liable to give rise to a prosecution are either set free, or referred to the prosecutor.
For the implementation of the present article, the area jurisdiction of the Paris, Nanterre, Bobigny and Créteil district courts constitute a single jurisdiction.
The provisions of articles 63-1, 63-2, 63-3, 63-4, 64 and 65 are applicable to police custody that takes place within the framework of the present Chapter.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE II
INQUIRIES AND IDENTITY CHECKS

CHAPTER II
THE PRELIMINARY POLICE INQUIRY

Article 77-2
Any person detained in the course of a preliminary inquiry or in the course of a flagrant offence investigation who, six months after the end of detention, has not been prosecuted, may enquire of the district prosecutor for the area where the detention took place as to the outcome or likely outcome of the case. This inquiry is addressed by registered post with request for notice of delivery. These provisions do not apply to inquiries relating to any of the felonies or misdemeanours which come under the scope of article 706-73.

BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION

TITLE III
INVESTIGATING JURISDICTIONS

CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION

SECTION VII
JUDICIAL SUPERVISION AND PRE-TRIAL DETENTION

Article 137-1
Pre-trial detention is ordered and extended by the liberty and custody judge. Release applications are also submitted to him.
The liberty and custody judge is a judge with the rank of president, of senior deputy president, or of deputy president. He is appointed by the president of the district first instance court. When he gives a decision at the end of a debate, he is aided by a clerk. Where the nominated custody judge and the president as well as the senior deputy presidents or deputy presidents are unable to act, the custody judge is replaced by the highest level judge with the most seniority, nominated by the president of the first instance court. He can, in that case, apply the provisions of article 93.
He may not, under pain of nullity, participate in the trial of criminal cases of which he has taken cognizance.
Except in cases provided for by the second paragraph of article 137-4, he is seised by means of a reasoned judgment from the investigating judge, who transfers the case file and the district prosecutor's initial submissions to him.

Article 137-2
Judicial supervision is ordered by the investigating judge, who gives his judgment after taking note of the district prosecutor's recommendations.
Where he is in charge of the case, the liberty and custody judge may also make a custody ruling.

Article 137-3
The liberty and custody judge gives his ruling by a reasoned judgment. Where he orders or prolongs a remand in custody, or rejects a request for release, the ruling must enunciate the legal and factual matters that render judicial supervision inadequate, as well as the grounds for detention, with reference only to the provisions of articles 143-1 and 144.
In every case, the person under judicial examination is notified of the ruling and receives a complete copy of it, for which he has to sign the case file.

Article 137-4
Where, having received the district prosecutor's submissions in favour of remanding a person in custody, the investigating judge finds that this detention is not justified and decides not to send the case file to the liberty and custody judge, he is required to give a reasoned ruling forthwith, which is immediately communicated to the district prosecutor.
In felony cases and for misdemeanours punished by ten years' imprisonment, the district prosecutor may then, if the orders are wholly or partially reasoned by the motives provided for in 2° and 3° of article 144 and if they state that he aims to apply the provisions of the present article, directly seise the liberty and custody judge, handing the person under judicial examination over to him forthwith. The ruling made by the liberty and custody judge then leads to the voiding, where necessary, of the ruling made by investigating judge who had placed the person under judicial supervision. If he waives the right to directly seise the liberty and custody judge, the district prosecutor informs the investigating judge the person may be released.

BOOK IV
SOME SPECIFIC PROCEEDINGS

TITLE XXV
PROCEDURE APPLICABLE TO ORGANISED CRIME AND DELINQUENCY

CHAPTER II
PROCEDURE

SECTION III
CUSTODY

Article 706-88
For the application of articles 63, 77 and 154, if the inquiry or investigation into one of the offences which falls within the scope of article 706-73 requires it, police custody may exceptionally be subject to two supplementary extensions each of twenty-four hours.
These extensions are authorised by a written and reasoned decision, on the request of the district prosecutor, by either the liberty and custody judge, or the investigating judge.
The person so held must be brought before the judge ruling on the extension before this decision is taken. The second extension may however, in exceptional cases, be authorised without the person's prior appearance if the needs of an investigation in progress or to be carried out require this.
Where the first extension has been agreed, the detainee is examined by a doctor nominated by the district prosecutor, the investigating judge or the judicial police officer. The doctor issues a medical certificate in which he must express an opinion on the continuation of the custody period, which is attached to the case file. The person is informed by the judicial police officer of his right to request a new medical examination. These medical examinations are as of right. A record of this notification is made in the official report and signed by the person concerned. If he refuses to sign, this is noted.
As an exception to the provisions of the first paragraph, if the foreseeable length of the remaining investigations to be carried out after the person has already been in custody for forty-eight hours justify this, the liberty and custody judge or the investigating judge may decide, in accordance with the conditions provided for in the second paragraph, that the custody period will be extended by one single period of forty-eight hours.
A person whose custody is extended in accordance with the provisions of the present article may request to see an advocate after he has been in custody for forty-eight hours and then again after seventy-two hours, according to the conditions provided for by article 63-4. He is informed of this right when he is notified about the extension or extensions, and a note of this, signed by the person concerned, is made in the official report. If he refuses to sign this, this is noted. However, where the inquiry relates to an offence which falls within the scope of 3° and 11° of article 706-73, the interview with a advocate may not take place before he has been in custody for seventy-two hours.

BOOK V
EXECUTION PROCEDURES

TITLE II
DETENTION

CHAPTER I
THE EXECUTION OF PRE-TRIAL DETENTION

Article 714
Persons under judicial examination and defendants subjected to pre-trial detention serve it in a remand prison.
There is a remand prison attached to each district court, appeal court and each assize court, except those district and appeal courts listed by Decree. In this last case, the Decree specifies the remand prison or prisons where are detained the defendants, appellants or accused under the jurisdiction of each of these courts.

Article 715
The investigating judge, the presidents of the investigating chamber and of the assize court, and also the district prosecutor and public prosecutor, may give all the orders necessary, whether for the judicial investigation or for the trial, which have to be carried out in the remand prison.

Article 716
Persons under judicial examination, defendants and accused subjected to pre-trial detention are placed under the rules governing individual imprisonment by day and night. Exceptions to this principle may only be made only in the following cases:
1º If those concerned so request;
2º If by reason of their character they should not, in their own interests, be left on their own;
3º If they are authorised to work, or to receive education or professional training and it is necessary in order for this to be arranged;
4º For a period of five years from the date of coming into force of law no. 2003-495 of 12 June 2003 against violence on road, if the internal arrangements of remand prisons and the number of persons in detention make it impossible to detain persons individually.
All means of communication and all facilities compatible with the security of the prison are granted to defendants and to persons under judicial examination for the purposes of their defence.

CHAPTER II
EXECUTION OF CUSTODIAL SENTENCES

SECTION I
GENERAL PROVISIONS

Article 716-1
A sentence of one day's imprisonment constitutes twenty-four hours. That of one month means of thirty days. That of more than one month is calculated from the starting date in the first month to the corresponding date a month later.

Article 716-2
The length of any custodial sentence is counted from the day when the inmate is detained on the basis of a final conviction.

Article 716-3
The convicted person whose incarceration is due to end on an official holiday or a Sunday will be released on the previous working day.

Article 716-4
Where pre-trial detention has been served at any stage of the proceedings, this detention is deducted in its entirety from the duration of the sentence imposed or, if necessary, from the total length of the sentence to be served after concurrence of penalties. The same applies to any time spent in pre-trial detention ordered in the context of proceedings relating to the same charges as those resulting in conviction, if those proceedings have subsequently been quashed.
The provisions of the previous paragraph are also applicable to detention in order to carry out a summons or an arrest warrant, to detention outside France in order to comply with a European arrest warrant or following an extradition warrant, and to detention pursuant to the sixth paragraph of article 712-17, of article 712-19 and of article 747-3.

Article 716-5
Any person arrested in accordance with an extract from a ruling or a judgment imposing a prison sentence may be detained for twenty-four hours in a station belonging to the police or gendarmerie, in order to check their identity, their criminal status or personal situation.
The district prosecutor is informed of the measure as soon as it begins.
The arrested person is immediately informed by the judicial police officer that he may exercise the rights provided for by articles 63-2, 63-3 and 63-4 (first and second paragraph).
Where, at the end of the measure, the district prosecutor considers implementing the sentence, he may order that the person be brought before him. After receiving any comments the person may wish to make, the district prosecutor informs him, if appropriate, of the document ordering him to prison.
The district prosecutor may also request a judicial police officer or agent to inform the person that he is summoned to appear before the penalty enforcement judge, or order that he be brought before this judge, where the latter must be seised in order to decide on the conditions of implementation of the sentence.

Article 717
Convicted persons serve their sentence in penal establishments.
Persons sentenced to imprisonment for up to a year may, however, in exceptional cases, be held in a remand prison and incarcerated, in this case, in a specific area, where the conditions dictated by the preparation for their release, their family circumstances or their personality justify it. Convicted prisoners who have less than a year left to serve may, in exceptional cases, be transferred to a remand prison.

Article 717-1
The distribution of prisoners in the prisons created for serving custodial sentences is made according to their criminal category, their age, their state of health and their character.
Pursuant to the conditions provided for by Decree of the Conseil d'Etat, persons convicted of offences for which a socio-judicial surveillance is required serve their sentence within penitentiary institutions which afford appropriate medical and psychological supervision.
Without prejudice to the provisions of article 763-7, the penalty enforcement judge may offer every prisoner to whom the previous paragraph relates treatment during his sentence, if a doctor decides that this person is suitable for such treatment.
The provisions of articles L 3711-1, L 3711-2 and L3711-3 of the Public Health Code are applicable to the doctor treating such a prisoner. He gives the prisoner documents certifying that he is following treatment, so enabling him to establish this before the penalty enforcement judge in order to obtain a remission of sentence in pursuance of article 721-1.

Article 717-1-1
Except in an emergency, the penalty enforcement judge gives his opinion on the transfer of prisoners from one institution to another.

Article 717-2
Prisoners in remand prisons undergo individual imprisonment by day and night, and, in other prisons are subject to night isolation only, after spending an observation period in the cells.
Exceptions to this rule may only be made for reasons due to the interior distribution of the detention premises, or their temporary overcrowding, or because of work organisation requirements.

Article 717-3
Work and professional and general training activities are taken into account when evaluating the evidence of social reintegration and of prisoners' good behaviour.
All efforts are made within the penitentiary institutions to offer a professional activity or a professional or general training to those inmates who desire it.
The inmates' working relationships are not set out in an employment contract. Exceptions may be made to this rule for activities exercised outside prison.
The rules governing the distribution of the income generated by the inmates' work are determined by a decree. Deductions from the income generated by prisoners' labour may not be made in respect of the cost of their upkeep in prison.

Article 718
With the permission of the prison governor, prisoners may work for their own profit.

Article 719
Members of Parliament and senators are authorised to visit police custody premises, detention centres, waiting zones and prisons at any time.

Article 720
Prior to any decision resulting in the temporary or permanent suspension of a convicted person's custodial sentence before the expiry date of this sentence, the penalty enforcement judge or the penalty enforcement court consider the interests of the victim or the civil party in respect of the consequences this decision will have for them.
Where the provisions of articles 720-1 (first paragraph), 721-1, 723-4, 723-10 and 731 have been applied, where there is a risk that the convicted person may find him self in the presence of the victim or the civil party and if it seems that such a meeting should be avoided, the court prohibits the convicted person from receiving, meeting or entering into any contact with the victim in any way.
To this end, the court sends the victim a notice informing him of this measure. If the victim is a civil party, this notice is also sent to his advocate. This notice details the consequences that failure by the convicted person to respect these obligations will entail.
The court may not, however, send this notice where the character of the victim or the civil party justifies it, where the victim or the civil party have made it known that they do not wish to be informed of the conditions of implementation of the sentence, or in the case of a temporary suspension of the convicted person's imprisonment for a period which may not exceed the maximum period for temporary leave from prison.

SECTION II
SUSPENSION AND DIVISION OF CUSTODIAL SENTENCES

Article 720-1
In misdemeanour cases, where the person sentenced has no more than a year's imprisonment left to serve and in the event of a serious problem of a medical, familial, professional or social nature, this sentence may be suspended or divided into fractions for a length of time not in excess of three years, none of these fractions being shorter than two days. The decision is taken by the penalty enforcement judge under the conditions provided for in article 712-6. This judge may decide to impose one or more of the obligations or prohibitions provided for in articles 132-44 and 132-45 of the Criminal Code on the convicted person.
Where the division of the execution of a custodial sentence was decided by the trial court pursuant to article 132-27 of the Criminal Code, this decision may be varied following the conditions provided for in the previous paragraph.

Article 720-1-1
Unless there is a grave risk of the offence being repeated, suspension may also be ordered, whatever the type of penalty incurred and the length left to be served, and for an unspecified length of time, where it is established that prisoners are suffering from fatal illnesses, or that their state of health is incompatible in the long term with being kept in prison; but this does not apply to persons hospitalised and held in mental institutions.
Suspension may only be ordered if two independent expert reports concur in establishing that the convicted person falls into one of the categories outlined in the previous paragraph.
Where the custodial sentence incurred is of a duration of ten years or less, or where, regardless of the sentence initially pronounced, the length of the sentence left to serve is less than or equal to three years, this suspension is ordered by the penalty enforcement judge in accordance with the conditions set out in article 712-6.
In all other cases, it is ordered by the penalty enforcement court pursuant to the conditions provided for by article 712-7.
A court which grants a suspension of sentence in accordance with the provisions of the present article may decide to impose one of more of the obligations or prohibitions provided for by articles 132-44 and 132-45 of the Criminal Code on the convicted person.
At any stage, the penalty enforcement judge may order the expert medical examination of a prisoner who has benefited from measures suspending his sentence in accordance with the present article and order an end to the suspension if its conditions are no longer being met. The same applies where the convicted person does not observe the obligations which have been imposed on him in accordance with the provisions of the previous paragraph. The penalty enforcement judge's decision is taken in accordance with the conditions provided for by article 712-6.
If suspension has been ordered of a penalty imposed in a felony case, an expert medical report to determine whether the conditions of suspension are still met must take place every six months.
The provisions of article 720-2 are not applicable where the provisions of the present article are invoked.
NOTE: Act no. 2005-1549 of 12 December 2005 article 11 II: The provisions of the present article are applicable to the suspensions running at the date the present law comes into force, whatever the date of the commission of the acts that gave rise to the sentence.