Work release, semi-liberty, temporary absences and authorizations to leave under escort
LexInter | July 19, 2003 | 0 Comments

Work release, semi-liberty, temporary absences and authorizations to leave under escort

Article 723

(law nº 70-643 of July 11, 1970 art. 26 Official Journal of July 19, 1970) (law nº 78-1097 of November 22, 1978 art. 3 Official Journal of November 23, 1978) (law nº 85-1407 of November 30, 1985 art. 86 and art. 84 Official Journal of December 31, 1985 in force on February 1, 1986) (Law nº 92-1336 of December 16, 1992 art. 87 Official Journal of December 23, 1992 in force on March 1, 1994) (Law nº 97 -1159 of December 19, 1997 art. 1 Official Journal of December 20, 1997)
 The work release allows the convicted person to be employed outside a penitentiary establishment for work controlled by the Administration.
The semi-liberty regime is defined by article 132-26 of the penal code.
A decree determines the conditions under which these various measures are granted and applied.

Article 723-1

(Law nº 70-643 of July 17, 1970 art. 27 Official Journal of July 19, 1970)
(law n ° 85-1407 of December 30, 1985 art. 57 and art. 94 Official Journal of December 31, 1985 in force on February 1, 1986)
(Law nº 92-1336 of December 16, 1992 art. 88 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law nº 97-1159 of December 19, 1997 art. 1 Official Journal of December 20, 1997)
The judge responsible for the application of sentences may provide that the sentence will be carried out under the regime of semi-liberty, that is to say when the convicted person remains to undergo one or more custodial sentences the total duration of which does not exceed one year, or when the convicted person has been granted conditional release, on condition that he has been subjected to the semi-liberty regime on probation.

Article 723-2

(Law nº 70-643 of July 17, 1970 art. 27 Official Journal of July 19, 1970)
(Law n ° 72-1226 of December 29, 1972 art. 60-i Official Journal of December 30, 1972 in force on January 1, 1973)
(Law nº 92-1336 of December 16, 1992 art. 89 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law nº 97-1159 of December 19, 1997 art. 1 Official Journal of December 20, 1997)
When the provisions of article 132-25 of the penal code have been applied, if the conditions which enabled the court to decide that the sentence would be served under the semi-liberty regime are no longer met, if the condemned does not meet the obligations imposed on him or if he shows bad behavior, the benefit of semi-liberty may be withdrawn, on the report of the judge responsible for the application of sentences, by the tribunal de grande instance. This court is that of the place of execution of the decision, or, if the convicted person is imprisoned, of the place of detention.
The judge responsible for the application of sentences may, if urgency so require, suspend the application of semi-liberty.
In that case,

Article 723-3

(Law n ° 78-1097 of November 22, 1978 art. 4 Official Journal of November 23, 1978)
(Law nº 97-1159 of December 19, 1997 art. 1 Official Journal of December 20, 1997)
The temporary absence authorizes a convict to be absent from a penal establishment for a fixed period of time which is deducted from the duration of the sentence in progress.
Its purpose is to prepare the convicted person’s professional or social reintegration, to maintain his family ties or to enable him to fulfill an obligation requiring his presence.

Article 723-5

(Law n ° 78-1097 of November 22, 1978 art. 4 Official Journal of November 23, 1978)
(Law nº 92-1336 of December 16, 1992 art. 90 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law nº 97-1159 of December 19, 1997 art. 1 Official Journal of December 20, 1997)
Without prejudice to the application of article 434-29 of the Penal Code, in the event of conviction for a felony or an intentional offense committed on the occasion of a temporary leave, the court may decide that the convicted person will lose the benefit previously granted reductions in sentence.

Article 723-6

(Law n ° 78-1097 of November 22, 1978 art. 5 Official Journal of November 23, 1978)
(Law nº 97-1159 of December 19, 1997 art. 1 Official Journal of December 20, 1997)
   Any convicted person may, under the conditions of article 722, obtain, on an exceptional basis, an authorization to leave under escort.

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