suspension with probation
LexInter | July 19, 2003 | 0 Comments

Suspension with probation

Article 739

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 and 100 Official Journal of December 23, 1992 in force on March 1, 1994)
   When a sentence is accompanied by a suspension with probation, the convicted person is placed under the control of the judge responsible for the application of sentences in whose jurisdiction he has his habitual residence or, if he is not in France of habitual residence, under the control of the judge responsible for the enforcement of sentences in whose jurisdiction the court which pronounced the sentence has its seat.
During the probationary period, the convicted person must meet all the control measures provided for by article 132-44 of the penal code and those of the special obligations provided for by article 132-45 of the same code which he are specially imposed, either by the conviction decision, or by a decision that can, at any time, be taken by the judge responsible for the application of sentences.
When a particular obligation is ordered by the judge responsible for the enforcement of sentences, this decision is enforceable by provision. However, it may be submitted by the convicted person, within a period of one month from the notification made to him, for examination by the criminal court which may validate, report or modify it. If the court imposes an obligation different from that foreseen by the judge of the application of penalties, its decision replaces that of the judge of the application of penalties from the day on which it is notified to the person concerned.
The judge responsible for the application of sentences may, moreover, at any time, by an immediately enforceable decision, modify or abolish the particular obligations to which the convicted person has been subjected.

Article 740

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 and 101 Official Journal of December 23, 1992 in force on March 1, 1994)
   During the probationary period, the judge responsible for the application of sentences under the control of whom the convicted person is placed ensures, either by himself or by any qualified person, the execution of the control measures and assistance and obligations imposed on this condemned.
If the acts necessary for this purpose must be carried out outside the limits of its jurisdiction, it is responsible for proceeding or having the judge responsible for the execution of sentences with territorial jurisdiction.

Article 741

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 Official Journal of December 23, 1992 in force on March 1, 1994)
   The convicted person is required to appear, whenever required, before the judge responsible for the enforcement of sentences under whose control he is placed.
When the convicted person does not comply with his requisition, the magistrate may, if the convicted person is within his jurisdiction, order that he will be brought before him by the police to be heard without delay. If the convicted person is not within his jurisdiction, the same magistrate may ask the judge responsible for the application of sentences in whose jurisdiction this convicted person is located to have him brought in by the police and to proceed to his hearing.

Article 741-1

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 Official Journal of December 23, 1992 in force on March 1, 1994)
 If the convicted person is on the run, the sentence enforcement judge can issue a search order. The convicted person who is the subject of this order is brought before the judge responsible for the enforcement of sentences of the place where he is found or, if this magistrate cannot proceed immediately to his hearing, before the public prosecutor. When the convicted person has not been brought before the judge responsible for the application of sentences who himself ordered the research, a report of his statements is sent to this magistrate without delay.

Article 741-2

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 and 101 Official Journal of December 23, 1992 in force on March 1, 1994)
When the convicted person does not comply with the control measures or the special obligations imposed in application of Article 739, the judge responsible for the application of sentences, after having heard or given a hearing, may decide, by reasoned order, issued on the requisitions of the public prosecutor, that the convicted person will be provisionally imprisoned in the nearest penal establishment.
This decision can be taken on delegation by the judge responsible for the enforcement of sentences in whose jurisdiction the convicted person is found.

Article 741-3

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 Official Journal of December 23, 1992 in force on March 1, 1994)

The measures provided for in article 741-2 imply referral to the criminal court for a ruling on the application of the provisions of article 742.
The case must come to the first hearing or at the latest within five days. prison sentence, failing which the convicted person must be automatically released. If there is a case for surrender, the court must rule by reasoned decision on the continued detention of the convicted person.

Article 742

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law n ° 75-624 of July 11, 1975 art. 32 Official Journal of July 13, 1975)
(Law n ° 81-82 of February 2, 1981 art. 96 Official Journal of February 3, 1981)
(Law nº 92-1336 of December 16, 1992 art. 94 and 102 Official Journal of December 23, 1992 in force on March 1, 1994)
The criminal court may extend the probation period:
1 ° When the convicted person does not meet the control and assistance measures or the special obligations imposed in application of article 739;
2 ° When he has committed an offense followed by a conviction on the occasion of which the revocation of the suspension has not been pronounced;
3 ° When he voluntarily evades the obligation to contribute to family expenses, to pay regular maintenance payments, to place his children in the hands of those to whom their custody has been entrusted by court order, or to repair the damage caused by the infringement.
The court may also, under the conditions provided for in articles 132-49 to 132-51 of the penal code, revoke all or part of the suspension.

Article 742-1

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law n ° 89-461 of July 6, 1989 art. 19 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law nº 92-1336 of December 16, 1992 art. 94 Official Journal of December 23, 1992 in force on March 1, 1994)
When the criminal court extends the probationary period, this period may not in total be greater than three years. The court may, in addition, by special and reasoned decision, order the provisional execution of this measure.

Article 743

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law n ° 89-461 of July 6, 1989 art. 19 Official Journal of July 8, 1989 in force on December 1, 1989)
(Law nº 92-1336 of December 16, 1992 art. 94 and 104 Official Journal of December 23, 1992 in force on March 1, 1994)
If the convicted person satisfies the control and assistance measures and the special obligations imposed in application of article 739 and if his reclassification appears acquired, the correctional court may declare null and void the sentence pronounced against him.
The court cannot be seized for this purpose before the expiration of a period of one year from the day on which the sentence becomes final.
The court’s decision can be appealed by the public prosecutor and by the convicted person.

Article 744

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 Official Journal of December 23, 1992 in force on March 1, 1994)
The criminal court competent to rule in the cases provided for by articles 739, third paragraph, 741-3, 742 and 743 is that in whose jurisdiction the convicted person has his habitual residence or, if the convicted person does not have a residence in France. usual, that in whose jurisdiction the court which pronounced the sentence has its seat. However, if the provisions of article 741-2 have been applied, the competent court to take the measures provided for in article 742 is that in which the convicted person was found.
The criminal court is seized either by the judge of the application of sentences, or by the public prosecutor. It can also be seized by the request of the convicted person requesting the benefit of the provisions of article 743.
The convicted person is summoned at the request of the public prosecutor under the conditions provided for by articles 550 to 566. He may also appear under the conditions provided for by article 389, first and third paragraphs.
The court rules in the council chamber. When the judge responsible for the application of sentences does not take part in the decision, the court rules on his written report.

Article 744-1

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 and 105 Official Journal of December 23, 1992 in force on March 1, 1994)
The decisions rendered in application of the preceding articles are susceptible of opposition, appeal or cassation under the conditions provided for in books II and III of this code.
However, the decision taken by the court in application of article 132-51 of the penal code has effect notwithstanding opposition, appeal or cassation appeal.
In the event of opposition, the case must come to court at the first hearing or, at the latest, within a week of the day of the opposition, failing which the convicted person must be released on statutory release. If there is a case for surrender, the court must rule ex officio by a reasoned decision on the maintenance or lifting of the nut.
The provisions of this article are applicable when the revocation of the suspension is decided by the trial court in application of article 132-48 of the penal code.

Article 746

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law nº 92-1336 of December 16, 1992 art. 94 and 107 Official Journal of December 23, 1992 in force on March 1, 1994)
(Law nº 93-2 of January 4, 1993 art. 134 Official Journal of January 5, 1993 in force on March 1, 1993)
(Law nº 98-468 of June 17, 1998 art. 41 Official Journal of June 18, 1998)
   The suspension of the sentence does not extend to the payment of damages.
Nor does it extend to incapacities, prohibitions and disqualifications resulting from the conviction.
However, these disabilities, prohibitions and forfeitures will cease to have effect from the day on which, by application of the provisions of article 743 or of article 132-52 of the penal code, the sentence has been declared or deemed void. This provision does not apply to the penalty of prohibition to exercise a professional or voluntary activity involving habitual contact with minors.

Article 747

(Law nº 70-643 of July 17, 1970 art. 29 Official Journal of July 19, 1970)
(Law n ° 75-624 of July 11, 1975 art. 35 Official Journal of July 13, 1975 in force on January 1, 1976)
(Law nº 92-1336 of December 16, 1992 art. 94 and 108 Official Journal of December 23, 1992 in force on March 1, 1994)
   The provisions relating to the effects of the suspension with probation are laid down by articles 132-52 and 132-53 of the penal code.

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