| March 13, 2018 | 0 Comments
The person sentenced to socio-judicial follow-up according to the modalities provided for by articles 131-36-1 to 131-36-8 of the penal code is placed under the control of the judge of the application of sentences in the jurisdiction of which he has his responsibility. habitual residence or, if it has no habitual residence in France, of the judge responsible for the enforcement of sentences of the court in whose jurisdiction the court which ruled in first instance has its seat. The judge responsible for the application of sentences may appoint the penitentiary service for integration and probation to ensure compliance with the obligations imposed on the convicted person. The provisions of article 740 are applicable.
The person sentenced to socio-judicial monitoring is required to justify, to the judge responsible for the application of sentences, the fulfillment of the obligations imposed on him.
During the period of socio-judicial monitoring, the judge responsible for the application of sentences may, after hearing the convicted person and consulting the public prosecutor, modify or supplement the measures provided for in articles 131-36-2 and 131-36-3. of the penal code.
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. The judge responsible for the application of sentences may not, on pain of nullity, sit on the tribunal seized of one of its decisions.
The judge responsible for the application of sentences may also, if it is established after a medical examination ordered after the conviction that the person subject to socio-judicial monitoring is likely to be the subject of treatment, pronounce a care injunction. This expertise is carried out by two experts in the event of a conviction for murder or assassination of a minor preceded or accompanied by rape, torture or acts of barbarism. The judge responsible for the application of sentences warns the convicted person that no treatment can be undertaken without his consent, but that, if he refuses the treatment which will be offered to him, the imprisonment pronounced in application of the third paragraph of article 131-36-1 of the penal code may be enforced. The provisions of
When the person sentenced to socio-judicial follow-up including an order for care must carry out this measure following a custodial sentence, the judge responsible for the application of sentences may order the medical expertise of the person concerned before his release. This expertise is compulsory if the conviction was pronounced more than two years previously.
The judge responsible for the application of sentences may also, at any time during the socio-judicial follow-up and without prejudice to the provisions of article 763-6, order, ex officio or at the request of the public prosecutor, the necessary expertises. to inform him about the medical or psychological state of the sentenced person.
The expert appraisals provided for in this article are carried out by a single expert, except for a reasoned decision by the judge responsible for the application of sentences.
In the event of non-observance of the obligations mentioned in articles 131-36-2 and 131-36-3 of the penal code or of the order for treatment, the judge of the application of sentences may, of his own motion or on requisition of the prosecutor of the Republic, order, by reasoned decision, the execution of the imprisonment pronounced by the trial court in application of the third paragraph of article 131-36-1 of the penal code. The execution can relate to all or part of this sentence. This decision is taken in the chamber of the council, at the end of an adversarial debate during which the judge of the application of sentences hears the requisitions of the public prosecutor and the observations of the convicted person as well as those of his counsel. This decision is enforceable by provision. It can be the subject of
In the event of non-compliance with the obligations or the order for treatment, the judge responsible for the application of sentences may issue a warrant against the convicted person.
If the latter is on the run or resides abroad, he can issue an arrest warrant.
The provisions of articles 122 to 124 and 126 to 134 are then applicable, the powers of the examining magistrate being exercised by the judge of the application of sentences.
The completion of imprisonment for non-compliance with the obligations of socio-judicial monitoring does not exempt the convicted person from the execution of socio-judicial monitoring. In the event of a new breach by the convicted person of his obligations, the judge responsible for the application of sentences may again order the execution of the imprisonment for a period which, cumulated with the duration of the imprisonment executed, may not exceed that set by the sentencing court.
Anyone sentenced to socio-judicial follow-up can ask the court which pronounced the sentence or, in the event of multiple sentences, the last court which ruled to relieve him of this measure. If the conviction has been pronounced by an assize court, the competent court to rule on the request is the investigating chamber in which the assize court has its seat.
The request can only be brought before the competent court at the end of a period of one year from the conviction decision. If this first request is refused, another request can only be presented one year after this refusal decision. The same applies, possibly, to subsequent requests.
The request for recovery is addressed to the judge responsible for the application of sentences, who orders a medical expertise and forwards it to the competent court with the expert’s conclusions as well as his reasoned opinion.
The expertise is carried out by two experts in the event of conviction for murder or assassination of a minor preceded or accompanied by rape, torture or acts of barbarism.
The court rules under the conditions provided for by the third, fourth and fifth paragraphs of article 703.
The court may decide to relieve the convicted person of only part of his obligations.
These provisions are not applicable when socio-judicial monitoring is pronounced as the main sentence.
When a person sentenced to socio-judicial follow-up including an injunction of care must undergo a custodial sentence, he executes this sentence in a penitentiary establishment provided for by the second paragraph of article 718 and allowing him to ensure a medical follow-up. and psychological adapted.
She is immediately informed by the sentence enforcement judge of the possibility of initiating treatment. If she does not agree to undergo treatment, this information is updated at least once every six months.
In the event of suspension or division of the sentence, of placement outside without supervision or of semi-liberty, the obligations resulting from the socio-judicial follow-up apply.
When the socio-judicial follow-up is ordered by a special juvenile court, the juvenile judge, the juvenile court and the special juvenile chamber exercise the powers devolved by this title to the judge of the application of sentences, to the criminal court. and in the correctional appeals chamber, until the end of the socio-judicial follow-up measure, unless the children’s judge relinquishes jurisdiction in favor of the judge responsible for the application of sentences.
The juvenile judge appoints a public sector service for the judicial protection of young people to ensure compliance with the obligations imposed on the convicted person. When the latter has reached the age of majority, the juvenile judge may appoint the prison integration and probation service for this purpose; he can also relinquish jurisdiction in favor of the judge responsible for the application of sentences.