Prohibition Of Stay
LexInter | May 9, 2014 | 0 Comments

Prohibition Of Stay

Article 762-1

(inserted by Law nº 92-1336 of December 16, 1992 art. 113 Official Journal of December 23, 1992 in force on March 1, 1994)

The person sentenced to the penalty of prohibition of stay in application of article 131-31 of the penal code may be subject by the sentencing decision to one or more of the following monitoring measures:
1 ° Report periodically to the designated services or authorities by the conviction decision;
2 ° Inform the judge of the application of penalties of any movement beyond the limits determined by the conviction decision;
3 ° Respond to summons from any authority or any qualified person designated by the conviction decision.

Article 762-2

(inserted by Law nº 92-1336 of December 16, 1992 art. 113 Official Journal of December 23, 1992 in force on March 1, 1994)

The person sentenced to a residence ban is required to inform the sentence enforcement judge under whose control he is placed of any change of residence.
Articles 741 and 741-1 are applicable to the condemned to the prohibition of stay.

Article 762-3

(inserted by Law nº 92-1336 of December 16, 1992 art. 113 Official Journal of December 23, 1992 in force on March 1, 1994)

The assistance measures provided for in article 131-31 of the penal code are intended to facilitate the social reclassification of the convicted person.

Article 762-4

(inserted by Law nº 92-1336 of December 16, 1992 art. 113 Official Journal of December 23, 1992 in force on March 1, 1994)

The judge responsible for the enforcement of sentences in whose jurisdiction the convicted person has declared to establish his residence ensures the implementation of assistance measures and ensures compliance with the monitoring measures provided for in the sentencing decision.
At any time during the duration of the stay ban, the sentence enforcement judge may, after hearing the convicted person and consulting the public prosecutor, modify the list of prohibited places and the monitoring and assistance measures. . Its decision is enforceable by provision. It may be submitted to the criminal court for examination by the convicted person or the public prosecutor under the conditions provided for by the third paragraph of article 739.

Article 762-5

(inserted by Law nº 92-1336 of December 16, 1992 art. 113 Official Journal of December 23, 1992 in force on March 1, 1994)

The judge responsible for the application of sentences may also decide to temporarily suspend the execution of the stay ban measure. However, the decision is taken, on the proposal of the judge responsible for the application of sentences, by the criminal court ruling in chamber of the council when the execution of the measure must be suspended for a period exceeding three months.
In an emergency, the temporary authorization to stay in a prohibited locality may be given by the public prosecutor of this locality for a period not exceeding eight days. The public prosecutor immediately informs the territorially competent judge of the application of sentences of his decision.
Unless otherwise provided in the decision ordering the suspension of the measure, the time during which the convicted person benefited from the suspension is counted in the duration of the stay ban.

Article 763

(Law nº 92-1336 of December 16, 1992 art. 113 Official Journal of December 23, 1992 in force on March 1, 1994)

In the event of prescription of a sentence pronounced in criminal matters, the convicted person is subject automatically and definitively to the prohibition of stay in the department where the victim of the crime or his direct heirs reside.

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