Key Benefits:
The Prime Minister,
On the Seal Care Report, Minister of Justice,
Given the Penal Code, including articles 132-44 and 132-45;
Given the Code of Criminal Procedure, including articles 234, 706-22-1, 712-1 et seq., 714, 723-29 et seq., 729 et seq., D. 53 and D. 54;
Due to Organic Law No. 99-209 of 19 March 1999 on New Caledonia;
Organic Law No. 2004-192 of 27 February 2004 on the Statute of Autonomy French Polynesia;
In view of the amended Act No. 61-814 of 29 July 1961 conferring on the Wallis and Futuna Islands the status of overseas territory;
Having regard to Act No. 2001-616 of 11 July 2001 on Mayotte, in particular its Article 3-I (4 ° and 5 °);
In view of Act No. 2005-1549 of 12 December 2005 on the treatment of the recidivism of criminal offences, in particular Articles 41, 42 and 43;
In view of Act No. 2006-64 of 23 January 2006 on the fight against terrorism and Carrying out various provisions relating to security and border controls, in particular Article 14;
Having regard to Decree No. 2005-1632 of 26 December 2005 on the appeal of sentences of the sentencing judge,
Décrète:
The provisions of the Code of Criminal Procedure (Part III: Orders) are amended in accordance with the following articles.
After item D. 147-30, insert the following provisions:
" Section 11
"Terms applicable to judicial review
of dangerous people convicted of crime or offense
" Art. D. 147-31. -The crimes and offences for which the socio-judicial follow-up is liable and which are liable, in accordance with the provisions of Articles 723-29 to 723-37, to give rise to the judicial supervision of a convicted person as soon as the deprivation of Pronounced freedom is equal to or greater than 10 years are:
" 1 ° Crimes of willow life covered by Articles 221-1 to 221-5-1 of the Penal Code;
" 2. The crimes of torture and barbarity provided for in Articles 222-1 to 222-6 of the Penal Code;
" 3 ° The crimes of rape provided for in Articles 222-23 to 222-26 of the Penal Code;
4 ° Sexual assault offences under Articles 222-27 to 222-31 of the Penal Code;
" 5 ° The crimes of abduction and sequestration provided for in Articles 224-1 to 224-5-2 of the Penal Code;
6 ° The offences of bribery of minors and sexual offences against a minor of 15 years provided for in Articles 227-22, 227-23, 227-25 and 227-26 of the Penal Code;
" 7 ° The destruction, degradation and dangerous deterioration for persons provided for in Articles 322-6 to 322-10 of the Penal Code, with the exception of Article 322-6-1.
" Paragraph 1
"Sentences susceptible to judicial review
" Art. D. 147-32. -At the beginning of each month, the Registry of the prison establishment transmits to the prosecutor of the Republic, for the purposes of a possible placement under judicial supervision, a copy of the criminal record of the persons sentenced to a custodial sentence Freedom greater than or equal to ten years whose release must be between the sixth and twelfth month following.
" A copy of this transmission shall be sent for information to the judge of the enforcement of
. Art. D. 147-33. -The prosecutor of the Republic checks whether this is a person convicted of a crime or a crime referred to in article D. 147-31 and against which the social and judicial follow-up has not been
. When this is the case, it will check with the sentencing judge if a conditional release project is under review.
" If no application for parole is registered at the Registry of the Sentence Judge, or if such a request is filed, the Public Prosecutor intends to oppose the application, the Public Prosecutor shall examine the case of the Condemned in order to assess whether a judicial review should be required before the release of the person
. Art. D. 147-34. -The provisions of Article 712-21 shall not apply to expert appraisals pursuant to Article 723-31.
" Where the judge for the application of the sentence orders a medical examination in accordance with the provisions of Article 723-31, he shall inform the public prosecutor of the case and shall forward the findings of the expert's
. If such expertise is ordered by the prosecutor of the Republic, the judge shall so inform the judge of the application of the penalties, and shall transmit the findings
the judge. Art. D. 147-35. -If the expertise ordered in accordance with the provisions of Article 723-31 concludes with the danger of the convicted person and finds a risk of reoffending which appears to be proven, the prosecutor of the Republic shall require the judge to apply the penalties Be placed under judicial supervision upon release in accordance with the provisions of article 723-29
In the case of a person convicted of acts committed before 14 December 2005, the prosecutor of the Republic transmits his requisitions to the judge of the application of the penalties for the purpose of referring the case to the court for the application of the
. Art. D. 147-36. -The expertise provided for in Article 723-31 may not be ordered if, in the case of an application for a conditional release, an expert's case may not be ordered in the case of a person who is less than a year old, and who concludes that The dangerousness of the convicted person and where it appears that there is a proven risk of re-offending.
" However, in the case of a person convicted of acts committed before 14 December 2005, the person may request a counter-expertise before the court for the enforcement of the sentences has decided on the requisition of the prosecutor. This counter-expertise, which is then right, is ordered by the sentencing court, unless it has been ordered by the public prosecutor.
" Paragraph 2
"Content and Duration of Judicial Monitoring
" Art. D. 147-37. -Judicial supervision may include the obligation to comply with the care order provided for in Article 131-36-4 of the Criminal Code, provided that the medical expertise provided for in Article 723-31 or Article D. 147-36 concludes that the convicted person Is likely to be processed.
" If the order for care is ordered, the provisions of the socio-judicial follow-up relating to this injunction shall apply, subject to the provisions specific to judicial
. The sentenced person shall then be notified by the judge of the application of the sentences, before his release, that no treatment may be undertaken without his consent, but that, if he refuses the care offered to him, all or part of the duration of the Reductions of penalty may be withdrawn.
" Art. D. 147-38. -Where the judge of the application of the sentence is seized by the public prosecutor for the purpose of judicial supervision, he may, by the same judgment, apply the provisions of Article 721-2.
" Where the decision on placement under judicial supervision concerns a person convicted of acts committed before 14 December 2005 and falls within the jurisdiction of the court for the enforcement of sentences, that court may also Application of the provisions of article 721-2. It may also take the same decision, at the request of the judge for the application of the penalties initially submitted, on a request for the development of a sentence within the jurisdiction of that
. Art. D. 147-39. -When the judge or the sentencing court decides that the judicial review will cover the full amount of the penalty reduction and the additional penalty reductions that the person has received and who have not done so The object of a withdrawal, the judge or court may fix in its decision the date on which judicial supervision ends and not the duration of that measure.
" Art. D. 147-40. -The provisions of Article 723-30 allowing the placing under the mobile electronic supervision of a convicted person in the context of judicial supervision shall apply on the date fixed by the decree made pursuant to Item 763-14.
"Paragraph 3
" Removing
penalty reductions in case of non-compliance
" Art. D. 147-41. -The withdrawal of the reductions in penalties provided for in Article 723-35 shall be ordered by the Sentencing Judge, including if it is a person convicted of acts committed before 14 December 2005 and for which the supervision Court was ordered by the sentencing court. "
Article D. 115-5 2 ° is supplemented by the words:" Or pursuant to Article 723-35 ".
In the third paragraph of Article D. 574, it shall be added after the words: To parolees ", the words" Convicts placed under judicial supervision or subject to a reduction of sentence, suspension of sentence, day parole, foreign placement, placement under electronic supervision or placement under Mobile electronic surveillance ".
As soon as this Decree is published, the Public Prosecutor may Application of the provisions of the second subparagraph of Article D. 147-35 of the Code of Criminal Procedure and without waiting for the transmission of the information provided for in Article D. 147-32 of the Code, to take with the judge the enforcement of Orders for the delivery of judicial supervision against any person sentenced to deprivation of liberty for a period equal to or greater than or equal to ten years for one of the crimes and offences referred to in article D. 147-31 of the Code of Criminal procedure, the discharge of which must be made before the six-month period, provided that the conditions for the delivery of the measure appear to be satisfied. It may base its requisitions on the expertise it has been aware of on the occasion of a request for parole or on information brought to its knowledge by the sentencing judge
Article D. 522 is supplemented by two sub-paragraphs. Written:
" In accordance with the provisions of the second paragraph of Article 721, the foreseeable date of release taken into account to determine in accordance with the provisions of the second paragraph of Article 729 the expiration of the test time rendering a A recidivist offender who is eligible for parole is the theoretical end-of-sentence date that would result from the application to the individual of the penalty reduction credit for non-recidivists. Withdrawals of a penalty reduction for which the convicted person may be subject pursuant to the provisions of the fourth paragraph of Article 721 shall not affect the difference between that theoretical date and the foreseeable date of Release.
" If conditional discharge is granted, this theoretical date shall not affect the duration of the assistance and control measures provided for in the second subparagraph of Article 732, nor on the duration of the sentence to be imposed in the case of revocation of the A decision to release under the second paragraph of Article 733, which remains calculated in relation to the duration of the sentence that was actually to be suffered by the convicted person, including the penalty reduction credit applicable to the Recidivists. "
Section D. 528 is reverted to the following wording:
" Art. D. 528. -Any judgment or judgment ordering a conditional release shall be justified in accordance with the provisions of Articles 712-4, 712-13 and 729, as well as those of this
. It refers to the minutes of contradictory debate in which the meaning of the requisitions of the Public Prosecutor's Office is
. It specifies the guarantees of representation and resocialization of the person concerning, in particular, his residence or domicile and the origin, nature and extent of the income from which it may be
. It refers to all the measures and conditions imposed on the convicted person, be it mandatory measures and conditions or special conditions.
" The practical arrangements for the execution of such measures and conditions may be further specified by an instruction addressed by the sentencing judge to the service responsible for following the sentenced person. "
Title III of Title III of Book V reads as follows:
" Chapter II. -Measures and conditions under which parolees are subject or may be subject to conditional release. "
Article D. 530 reads as follows:
" Art. D. 530. -The measures and conditions attaching to parole are, in accordance with the distinctions provided for in this chapter, compulsory or special. They are intended to facilitate and verify the reinsertion of the offender and to prevent recidivism. "
Section I of Chapter II of Title III of Book V reads as follows:
" Section I.-Mandatory measures and conditions. "
Article D. 533 reads as follows:
" Art. D. 533. -The convicted offender must be subject to the control measures provided for in article 132-44 of the Criminal Code. "
After Article D. 533, are inserted Sections D. 533-1 to D. 533-2 thus written:
" Art. D. 533-1. -If the nature of the acts committed by the convicted person and his personality justify it, the decision granting the conditional release may specify the periodicity of the summons of the designated social worker to whom the sentenced person must respond in Application of Article 132-44 of the Criminal Code.
" The decision may also indicate that the sentenced person shall be subject to the social worker's share of a strengthened follow-up, without specifying the periodicity of the summonses
These particulars may also be specified, subsequent to the parole decision, by an instruction from the sentencing judge to the service responsible for following the convicted person.
" Art. D. 533-2. -Visits which the sentenced person is required to receive from the social worker pursuant to the provisions of Article 132-44 of the Penal Code may be made in the home or residence of the convicted person, as well as, where appropriate, his place of Job.
" Home visits can only take place between 6 a.m. and 9 p.m. Those concerning the place of work may take place during working hours, and shall not interfere with or interfere with the performance of the work or the professional relations of the convicted
. The social worker is not required to notify the offender in advance of his or her visit.
" In the case of difficulties in the application of the provisions of this Article, the social worker shall inform the judge of the application of the penalties. "
In Article D. 535, it is added after the words:" Of day parole ", the words:" , placement under electronic surveillance ".
Article D. 536 reads as follows:
" Art. D. 536. -The decision granting a convicted person the benefit of parole may also make the granting and maintenance of this measure conditional upon one of the obligations and prohibitions laid down in Article 132-45 of the Criminal Code. "
Articles D. 537 to D. 539 are thus restored in Section II of Chapter II of Title III of Book V:
" Art. D. 537. -Where it is not established that the victim has already been fully compensated, the sentencing judge or the sentencing court may submit the offender to the obligation to remedy the damage caused by the offence in Application of the provisions of Article 132-45 of the Criminal Code, to be borne by the designated service in order to follow the convicted person to verify that compensation, and, where appropriate, to comply with the obligation to make
. If the situation of the convicted person permits, the parole decision, or a subsequent order by the sentencing judge, may fix the frequency and amount of the refunds.
" Art. D. 538. -In accordance with the provisions of the first paragraph of Article 731-1, the person may also be subject to a care order in accordance with the terms and conditions applicable to the socio-judicial follow-up, if the person has been convicted of an offence for That this measure is incurred and that medical expertise is of the opinion that it is likely to be processed.
" The sentenced person shall then be notified by the sentencing judge, prior to his release, that no treatment may be undertaken without his consent, but that if he refuses his treatment, his parole may be Revoked.
" Art. D. 539. -The provisions of the second paragraph of Article 731-1 allowing the placing under mobile electronic supervision of the person subject to a conditional release shall apply on the date fixed by the decree Application of section 763-14.
" However, placement under mobile electronic surveillance may take place before that date for at least seven years' imprisonment, with the agreement of the convicted person, in the context of an experiment carried out by the Ministry of Justice.
Article D. 49-39 is Completed by a paragraph so worded:
" In the case of an appeal by the convicted person, the public prosecutor shall have a further period of 24 hours or five days in which to appeal the appeal, depending on whether the appeal relates to an order or judgment of the sentencing judge. "
I. -After Article D. 49-73, the following provisions shall be inserted:
" Art. D. 49-74. -When counsel for the civil party informed the judge of the application of the sentences, by declaration at the Registry or by registered letter with a request for a notice of receipt, that he wished to make submissions to the court of The application of the penalties in accordance with the provisions of the last paragraph of Article 712-7, it shall be notified of the date on which the contradictory debate will be held by registered letter or by fax no later than 10 days before this debate
The same applies to the debate before the Appeals Chamber, pursuant to the provisions of the last paragraph of Article 712-13.
" Section V
"Terms applicable to persons sentenced
for terrorist acts
" Art. D. 49-75. -Detailed rules for the application of the provisions of Article 706-22-1 giving jurisdiction to the judge for the application of the sentences of the High Court of Paris, to the court for the application of the penalties of Paris and to the Chamber of the application of the Of Paris to make decisions concerning persons convicted of an offence falling within the scope of Article 706-16 shall be specified by the provisions of this
. Art. D. 49-76. Article D. 49-11 shall be directed, in accordance with the provisions of that article, to the judge of the application of the penalties territorially competent pursuant to Article 712-10, which shall transmit them with its opinion, That of the prosecutor of the Republic and that of the representative of the prison administration, to the judge of the application of the sentences of the Tribunal de grande instance de Paris
In case of emergency, the application may be sent directly to the judge for the application of the penalties of Paris
Art. D. 49-77. -The individual file of the convicted person provided for in Article D. 49-29 shall be held by the Registry of the Judge of the Application of Sentences of Paris. A copy of all or part of this file shall be kept by the Registry of the competent sentencing judge pursuant to Article 712-10.
" Art. D. 49-78. -The judge of the application of the sentences of the High Court of Paris may preside over the meetings of the Committee on Enforcement of Sentences when the situation of a convicted person for an offence entering the field is examined Application of section 706-16, either in person or by means of an audio-visual telecommunication prescribed by section 706-71.
" Failing that, the judge of the application of the penalties presiding over the sittings of the committee for the examination of the situation of such a person is that of the court in which the penitentiary institution is located. The judge of the application of the penalties of Paris may send to that judge any document which may inform the committee before it renders its opinion. This opinion is then addressed by the judge of the application of the sentences of the penitentiary establishment, with the opinion of the penitentiary, to the judge of the application of the penalties of Paris
Art. D. 49-79. -In the event of an emergency, the judge of the application of the penalties of Paris may act without the opinion of the judge of the application of the competent penalties under Article 712-10.
" Art. D. 49-80. -For the holding of the contradictory debates before the judge or the court of the application of the penalties of Paris, the public prosecutor is represented by the public prosecutor of the Tribunal de Grande Instance of Paris. These proceedings shall take place at the Tribunal de grande instance de Paris, using, in conjunction with the prison establishment in which the convicted person is detained, a means of audiovisual telecommunication provided for in Article 706-71. The provisions of the fourth paragraph of Article 706-71 shall apply.
" When the circumstances impose it, the judge or the court of the application of the penalties of Paris as well as the prosecutor of the Republic near the Tribunal de Grande Instance of Paris may move, together with the registrar of the court, in The penal institution in which the convicted person is detained. Exceptionally, the sentencing judge may order the removal of the inmate.
" Art. D. 49-81. -Where the sentenced person is the subject of one of the measures provided for in Articles 712-6, 712-7 and 721-2, the judge of the application of the penalties of Paris may order the prison service of insertion and probation territorially competent in relation to the The place of habitual residence or place of assignment of the person concerned to implement the control measures and to ensure compliance with the obligations. This service reports regularly to this magistrate.
" Where the circumstances so warrant, the judge of the application of the Paris penalties may delegate the measure to the judge of the application of the sentences of the court in whose jurisdiction the habitual residence or place of assignment is situated Of the convicted person, who keeps him informed of his or her conduct. "
II. -The provisions of Articles D. 49-75 to D. 49-81 shall enter into force on 1 May 2006.
The records held on that date by the judges of the application of the competent sentences pursuant to Article 712-10 shall be transferred to the judge of The application of the penalties of Paris. The proceedings under examination but on which it has not yet been decided will be transferred, as the case may be, to the judge of the application of the sentences of the Paris High Court, to the court of the application of the penalties of Paris or to the Chamber of the Application of Sentences of Paris. The time limits set for these courts will resume as of 1 May 2006.
After the article D. 115 -14, it is inserted two articles D. 115 -14-1 and D. 115 -14-2 thus written:
" Art. D. 115 -14-1. -The maximum amount of the withdrawal that may be ordered may not exceed two or three months for each year of detention and five or seven days for each month of detention, depending on whether or not it is a conviction for acts committed Subject to the details provided in Article D. 115 -14-2. This amount shall be calculated in relation to the period of detention examined to assess the conduct of the convicted
. However, if this period is less than one month, this amount may be up to seven days, or five days if it is a conviction for a repeat offence, if the total of the ordered withdrawals does not exceed the amount of the Sentence reduction credit received by convicted person.
" Art. D. 115 -14-2. -Where the withdrawal of the penalty reduction credit is ordered for a period of detention involving the successive execution of several penalties, one or more of which have been pronounced for offences committed in reoffending and have been the subject of A reduced penalty reduction in accordance with the provisions of the second subparagraph of Article 721, the maximum amount of the withdrawal shall not exceed five days per month for the part of the period of detention corresponding to that sentence, And seven days per month for the part of the period corresponding to the sentence or penalties for non-recidivism offences.
" When a month of detention covers at least two sentences, one of which is a legal recidivism, the maximum amount of withdrawal corresponding to that month of detention is five days. "
I. Article D. 147-5 shall be supplemented by a paragraph worded as follows: '
' It may also seize it to order the expertise required by the penultimate paragraph of section 720-1-1. "
II. -For suspensions in progress as of December 14, 2005, the semi-annual medical expertise provided for in the second preambular paragraph of the Article must take place within six months of the publication of this Decree.
I. -The first paragraph of Article D. 49 is supplemented by the following words: Pursuant to the provisions of section 712-2 ".
II. -Article D. 49-18 is thus amended:
1 ° The second subparagraph is supplemented by the following words: Except where the copy of the judgment is not immediately available ".
2 ° The third paragraph shall be supplemented by the sentence: The provisions of this paragraph shall also apply where the copy of the judgment given in the circumstances provided for in the second subparagraph is not immediately available. "
III. -In the fourth paragraph of article D. 49-18, the words: Public prosecutor " Are replaced by the words: " Public Prosecutor ".
IV. -The third paragraph of Article D. 49-24 is deleted.
V.-It is inserted after Article D. 49-26 an article D. 49-26-1 thus drafted:
" Art. D. 49-26-1. -The release provided for in the second paragraph of Article 712-18 shall automatically entail the surrender of the penalty fitting measure to which the convict was subjected. "
VI. -Article D. 49-28 is supplemented by a paragraph worded as follows: ' The head of establishment may be represented on the Committee on Enforcement by a member of the management staff. "
VII. -At the beginning of the second sentence of the second subparagraph of Article D. 49-41, the words' Outside the case of urgency, ".
VIII. -In articles D. 49-70 and D. 49-71, the words: D. 49-64 " Are replaced by the words: " D. 49-72 ".
IX. -In Article D. 51, after the words: The prosecutor of the Republic, " Are inserted the words: " The President of the Chamber of Education, ".
X. -Article D. 115-1 is thus amended:
1 ° It is inserted at the beginning of the article the words: In accordance with the provisions of paragraphs one and two of Article 721, ".
2 ° The article is supplemented by the following words:" Or one month if this is a conviction for offences committed in a lawful state ".
XI. -In Article D. 115 -10, the words: Become final " Are replaced by the words " Returned to run ".
XII. -In Article D. 142, the reference to Article 712-7 is replaced by a reference to Article 712-17.
XIII. -In Article D. 147-8 the reference to Article D. 115-16 is replaced by a reference to Article D. 115 -18.
XIV. -After the second subparagraph of Article D. 154, a paragraph shall be inserted as
: They may also legalize any signature by inmates in their presence for the management of their private affairs. "
I. -The first paragraph of Article D. 54 reads as follows:
" There is a stop house with each sitting yard. However, the accused, who are nationals of the Gers, Haute-Savoie and Seine-et-Marne courts, are held respectively at the Agen detention centre, at the Bonneville stop house and at the stop-house of the prison centre Meaux-Chauconin-Neufmontiers or at the Fleury-Mérogis stop house. "
II. -The table annexed to the second paragraph is amended as follows:
You can view the table in OJ
No 77, 31/03/2006 text number 56
I. -In articles D. 16 (first and second paragraphs) and D. 32, the words: The accused " Are replaced by the words: " The person being examined ".
II. -In Article D. 17, the words: The accused is elderly Are replaced by the words: " The person being examined is old ".
III. -In Article D. 19, the words: An accused " Are replaced by the words: " A person being examined ".
IV. -In the second of Article D. 31, the words: A minor accused " Are replaced by the words: " A person under minor examination ", and, at 3 °, the words:" , last paragraph, " Are deleted.
V.-In the second paragraph of article D. 36, the words: " The nature of the charge Are replaced by the words: " Qualification of the facts subject to the information. "
In addition to their full application to Mayotte in accordance with the I Of Article 3 of the Act of 11 July 2001 referred to above, the provisions of this Decree, as well as those of Decree No. 2005-1632 of 26 December 2005 concerning the appeal of orders of the judge for the application of penalties shall apply in the islands Wallis and Futuna, in French Polynesia, in New Caledonia and in the French Southern and Antarctic Lands.
For the purposes of the provisions of the Code of Criminal Procedure resulting from these decrees, adjustments are taken into account Articles 805, 868-1, 878, 879, 905 and 934 of this Code.
The deletions and amendments relating to the articles of the Code of Criminal Procedure resulting from these decrees shall apply to articles applicable locally having the same Object.
The Minister of Justice, the Minister of Justice, and the Minister for Overseas Affairs are responsible for each For the execution of this Decree, which will be published in the Official Journal of the French Republic
Done at Paris, on 30 March 2006.
Dominique de Villepin
By the Prime Minister:
Seals Guard, Minister of Justice,
Pascal Clément
The Minister for Overseas,
François Baroin
