Conditional Release
LexInter | June 3, 2017 | 0 Comments

Conditional Release

CODE OF CRIMINAL PROCEDURE
(Legislative Part)

Title III: Conditional release

Article 729

(Law n ° 72-1226 of December 29, 1972, art. 39 Official Journal of December 30, 1972)
(Law n ° 75-624 of July 11, 1975 art. 39 Official Journal of July 13, 1975)
(Law n ° 81-82 of February 2, 1981 art. 69 Official Journal of February 3, 1981)
(Law nº 92-1336 of December 16, 1992 art. 91 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 2000-516 of June 15, 2000 art. 126 Official Journal of June 16, 2000)

Conditional release tends to reintegrate convicts and prevent recidivism. Convicts who have to undergo one or more custodial sentences can benefit from a conditional release if they demonstrate serious efforts of social rehabilitation, in particular when they justify either the exercise of a professional activity, or of the attendance at education or vocational training or even an internship or temporary employment with a view to their social integration, either their essential participation in family life, or the need to undergo treatment, or their efforts to compensate their victims.
Subject to the provisions of article 132-23 of the penal code, conditional release may be granted when the length of the sentence served by the convicted person is at least equal to the length of the sentence remaining to be served. However, those convicted in a state of recidivism under the terms of articles 132-8, 132-9 or 132-10 of the penal code can only benefit from a conditional release measure if the length of the sentence served is at least double the length of the sentence still to be served. In the cases provided for in this paragraph, the trial time may not exceed fifteen years.
For those sentenced to life imprisonment, the probation time is fifteen years.

Article 729-1

(Law nº 86-1021 of September 9, 1986 art. 2 Official Journal of September 10, 1986 in force on October 1, 1986)
(Law nº 92-1336 of December 16, 1992 art. 92 Official Journal of December 23, 1992 in force on March 1, 1994)

Reductions in the probationary time necessary for the granting of conditional release may be granted to prisoners sentenced to life imprisonment in the forms and under the conditions provided for by articles 721 and 721-1; the total duration of these reductions may not however exceed, per year of imprisonment, twenty days or one month depending on whether the convicted person is or is not in a state of legal recidivism. The reductions are, where applicable, attributable only to the part of the sentence exceeding the safety period provided for by article 132-23 of the penal code.

Article 729-2

(Law n ° 78-1097 of November 22, 1978 art. 7 Official Journal of November 23, 1978)
(Law nº 86-1021 of September 9, 1986 art. 3 Official Journal of September 10, 1986 in force on October 1, 1986)
(Law n ° 95-125 of February 8, 1995, art. 46 Official Journal of February 9, 1995)

When a foreigner sentenced to a custodial sentence is the subject of a measure of ban from French territory, deportation to the border, expulsion or extradition, his conditional release is subject to the condition that this measurement is carried out. It can be decided without his consent.

Article 729-3

(inserted by Law n ° 2000-516 of June 15, 2000 art. 122 Official Journal of June 16, 2000)

Conditional release may be granted for anyone sentenced to a custodial sentence less than or equal to four years, or for whom the duration of the remaining sentence to be served is less than or equal to four years, when this convicted person exercises parental authority over a child under ten years of age who has his habitual residence with that parent.
The provisions of this article are not applicable to persons convicted of a felony or an offense committed against a minor.

Article 730

(Law n ° 72-1226 of December 29, 1972 art. 40 Official Journal of December 30, 1972 in force on January 1, 1973) 
(Law n ° 93-2 of January 4, 1993 art. 156 Official Journal of January 5, 1993)
(Law n ° 2000-516 of June 15, 2000 art. 125 Official Journal of June 16, 2000 in force on January 1, 2001)

When the custodial sentence pronounced is for a period less than or equal to ten years, or that, whatever the sentence initially pronounced, the period of detention remaining to be endured is less than or equal to three years, conditional release is granted. by the judge responsible for the application of sentences according to the modalities provided for in article 722.
In other cases, conditional release is granted by the regional parole jurisdiction, according to the modalities provided for in article 722-1.
For the application of this article, the situation of each convicted person is examined at least once a year, when the time limit conditions provided for in article 729 are met.
A decree fixes the modalities of application of this article.

Article 731

(Law n ° 72-1226 of December 29, 1972 art. 41 Official Journal of December 30, 1972 in force on January 1, 1973)
(Law n ° 2000-516 of June 15, 2000 art. 123 Official Journal of June 16, 2000)

The benefit of conditional release may be subject to special conditions as well as assistance and control measures intended to facilitate and verify the reclassification of the released person.
These measures are implemented by the sentence enforcement judge assisted by the penitentiary integration and probation service, and, where appropriate, with the assistance of the bodies empowered for this purpose.
A decree determines the modalities of application of the measures referred to in this article and the conditions of authorization of the bodies mentioned in the preceding paragraph. It also sets the financing conditions essential for the application of these measures and the functioning of the committees.

Article 732

(Law n ° 72-1226 of December 29, 1972 art. 42 Official Journal of December 30, 1972 in force on January 1, 1973)
(Law nº 92-1336 of December 16, 1992 art. 93 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law n ° 2000-516 of June 15, 2000 art. 123 Official Journal of June 16, 2000)
(Law n ° 2000-516 of June 15, 2000 art. 125 Official Journal of June 16, 2000 in force on January 1, 2001)

The conditional release decision fixes the execution modalities and the conditions to which the granting and maintenance of liberty is subject, as well as the nature and duration of the assistance and control measures. If it is taken by the regional parole jurisdiction, it may provide that the release will take place on the day fixed by the judge responsible for the application of sentences between two determined dates.
This duration may not be less than the duration of the part of the sentence not suffered at the time of release if it is a temporary sentence; it can exceed it for a maximum period of one year. The total duration of the assistance and control measures may not, however, exceed ten years.
However, when the current sentence is a life sentence, the duration of the assistance and control measures is fixed for a period which may not be less than five years, nor more than ten years.
During the entire period of conditional release, the provisions of the decision may be modified, according to the distinctions of article 730, either after opinion of the penitentiary service of integration and probation, by the competent judge of the application of sentences. to implement this decision, or, on a proposal from this magistrate, by the regional parole jurisdiction.

Article 733

(Law n ° 72-1226 of December 29, 1972 art. 43 Official Journal of December 30, 1972 in force on January 1, 1973)
(Law n ° 2000-516 of June 15, 2000 art. 123 Official Journal of June 16, 2000)
(Law n ° 2000-516 of June 15, 2000 art. 125 Official Journal of June 16, 2000 in force on January 1, 2001)

In the event of a new conviction, notorious misconduct, violation of the conditions or non-observance of the measures set out in the conditional release decision, this decision may be revoked, according to the distinctions in article 730, i.e., after opinion of the penitentiary service of integration and probation, by the judge responsible for the application of sentences for its implementation, or, on the proposal of this magistrate, by the regional court of conditional release. The sentencing judge who has taken a conditional release decision may revoke it when it has not yet been executed.
In an emergency, the arrest may be provisionally ordered by the judge responsible for the enforcement of sentences of the place where the released person is located, the public prosecutor heard and in charge, if it is necessary to seize the competent authority. to revoke parole.
After revocation, the convicted person must undergo, according to the provisions of the revocation decision, all or part of the duration of the sentence that remained to him at the time of his conditional release, cumulatively, if necessary. , with any further penalty he may have incurred; the time during which he has been placed under provisional arrest does, however, count towards the execution of his sentence.
If the revocation has not taken place before the expiry of the period provided for in the preceding article, the release is final. In this case, the sentence is deemed to have ended from the day of parole.

Article 733-1

(Law n ° 78-1097 of November 22, 1978 art. 8 Official Journal of November 23, 1978)
(Law nº 86-1021 of September 9, 1986 art. 4 Official Journal of September 10, 1986 in force on October 1, 1986)
(Law n ° 97-1159 of December 19, 1997 art. 11 Official Journal of December 20, 1997)
(Law n ° 2000-516 of June 15, 2000 art. 125 Official Journal of June 16, 2000 in force on January 1, 2001)

The decisions mentioned in the first paragraph of article 722, with the exception of those mentioned in the sixth paragraph of this article, are measures of judicial administration. These decisions can be referred, at the request of the public prosecutor and, except with regard to temporary absences, only for violation of the law, before the criminal court which rules in chamber of the council after having carried out all the necessary useful hearings and heard in their observations, if they have requested it, the advice of the convicted person and the civil party.
This request is made within twenty-four hours following either the date of the decision taken in the presence of the public prosecutor, or, in other cases, the date of notification to the public prosecutor. It suspends the execution of the decision until the court has ruled.
The judge responsible for the application of sentences may not, on pain of nullity, sit in the court seized of one of his decisions.
The case must come before the criminal court at the first hearing or at the latest within a week of the day of the request of the public prosecutor, failing which it is void.
If the convicted person is serving a sentence pronounced by a juvenile court and if he has not yet reached the age of majority, the powers of the criminal court are exercised by the juvenile court.
The decision of the criminal court or the juvenile court can only be the subject, within five days, of a cassation appeal which is not suspensive.

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