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Decree No. 2010 - 1276 Of October 27, 2010 Concerning The Simplified Procedures Of Planning Of Sentences And Various Provisions Concerning The Enforcement Of Sentences

Original Language Title: Décret n° 2010-1276 du 27 octobre 2010 relatif aux procédures simplifiées d'aménagement des peines et à diverses dispositions concernant l'application des peines

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Summary

Application of Article 84 (I and IX) of Law 2009-1436.

Keywords

JUSTICE, PENAL PROCEDURE CODE , CPP , PENITENTION ADMINISTRATION , PEINE IMPLEMENTATION , SIMPLIFIED PROCEDURE , DETENTION REGIME , DETECTED , DROIT DES , PENALE PROCEDURE , JUSTICIABLE AND PROBATION , LIBRE CONDAMNE , SURSIS , GENERAL INTERET WORK , MINEUR , PROVISIONAL DETENTION , SUB SURVEILLANCE PLACEMENT , ELECTRONIC BRACELET , DISTANCE CONTROL


JORF n°0251 of 28 October 2010 page 19360
text No. 6



Decree No. 2010-1276 of 27 October 2010 on simplified sentencing procedures and various provisions concerning the application of sentences

NOR: JUSD1016890D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/10/27/JUSD1016890D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/10/27/2010-1276/jo/texte


Public officials concerned: magistrates, prison officials, lawyers and other professionals involved in criminal proceedings; those who have been sentenced to imprisonment have been sentenced.
Purpose: Simplified sentencing procedures, changes in time frames, filter by the president of the enforcement chamber, conversion of penalties.
Entry into force: immediate.
Notice: The main purpose of this decree is to clarify the conditions for the application of the provisions of the Prison Act of 24 November 2009 establishing simplified procedures for the development of prison sentences. These procedures are designed to enable the development of semi-liberality, electronic surveillance and external placement measures.
It amends the provisions of Code of Criminal Procedure relating to the summons of free convicts at the end of the hearing to take into account the possibility introduced by the prison law to make prison sentences of less than or equal to two years in the absence of recidivism, instead of one year as before (Article 2).
The decree sets out the conditions under which a sentence may be granted to a convicted person under the simplified procedure by distinguishing whether the person is free or incarcerated. In the first case, it specifies the procedure for summoning the person to the sentencing judge and the prison service for insertion and probation. In the second case, it indicates the conditions under which this service examines the files of the convicted persons and transmits a proposal for development to the prosecutor who can then submit it for approval to the judge of the application of the sentences (Article 3).
It specifies several other provisions of the Penal Law, concerning the modification by the penitentiary services of the schedules of an adjustment of sentence on the authorization of the judge of the application of the sentences, or the consequences of the conversion to stay with a work of general interest of a sentence of imprisonment having been the subject of a partial stay with a probation (Article 10).
It also allows the president of the enforcement chamber to reject appeals brought before this court when they are manifestly inadmissible and to carry out various coordinations in the court. Code of Criminal Procedure (arts. 10 and 11).
The Prime Minister,
On the report of the Minister of State, keep seals, Minister of Justice and Freedoms;
Vu le Code of Criminal Procedure ;
Vu la Act No. 2009-1436 of 24 November 2009 Prisons
Decrete:

Article 1 Learn more about this article...


The Code of Criminal Procedure (Part 3: Simple Orders) is amended in accordance with the provisions of this Decree.

  • CHAPTER IER: PROVISIONS RELATING TO THE MIPLIFIED PROCEDURES Article 2 Learn more about this article...


    I. ― Section D. 48-2 is amended as follows:
    1° In the first paragraph, the words: "and for, in particular" are replaced by the words: "he can also on this occasion";
    2° In the second paragraph:
    ― after the words: "the judge of enforcement of sentences" are inserted the words: "and if necessary before the prison service of insertion and probation";
    ― the words "one year" are replaced by the words: "two years or one year if the convicted person is in a state of legal recidivism";
    3° The third paragraph is supplemented by the words: "However, because of the sentence or the personality of the convicted person, the convicted person may be summoned before the judge of the application of the sentences; » ;
    4° The last sentence of the sixth preambular paragraph is repealed;
    5° After the sixth preambular paragraph, two sub-items are inserted:
    "If the convicted person resides in another jurisdiction than that of the court having pronounced the conviction, the summons under this article shall be issued by the judge of the application of the territorially competent penalties in accordance with the provisions of Article D. 147-10.
    "The failure to comply with the deadlines of one month and forty-five days provided for in section 474 does not constitute a cause for the invalidity of the convict's summons to the judge of the enforcement of the sentences or to the prison service of detention and probation. »
    II. ― After Article D. 48-2, two articles are introduced as follows:
    "Art.D. 48-2-1.-For the purposes of the provisions of the 1st of Article D. 48-2, the judge of the application of the penalties shall inform the prosecutor of the Republic, in consultation with the director of the penitentiary service of insertion and probation, and with regard to the organization of that service and the application of the penalties, if he wishes that persons shall generally be called:
    « 1° First, before the judge of enforcement of sentences, then before the prison service of insertion and probation;
    « 2° First of all, before the prison service of insertion and probation, then before the judge of enforcement of sentences;
    « 3° In front of the sole judge of the enforcement of sentences, the summons to the penitentiary service of insertion and probation, where applicable, by the judge, after the presentation of the convict before him.
    "In the cases provided for by 1° and 2°, the Public Prosecutor's Office at the same time informs the judge of the application of the penalties and the prison service of insertion and probation at the same time.
    "For the determination of the order of summons, it can be distinguished according to the quantum of sentences pronounced, the nature of the facts and the history of the convicted person.
    "Art.D. 48-2-2.-For the purposes of the provisions of the 2nd of Article D. 48-2, the judge of the application of the penalties may inform the prosecutor of the Republic if he wishes that, in general, some persons be summoned before himself because of the sentence imposed, the nature of the facts or the history of the convicted person. »
    III. ― After Article D. 49-50, an article is introduced as follows:
    "Art.D. 49-50-1.-For the purposes of the provisions of Article D. 48-2-1, the summons shall be delivered first before the competent juvenile judge pursuant to the provisions of Article D. 49-49. »

    Article 3 Learn more about this article...


    Sections 9 and 10 of chapter II of Book V title II (articles D. 147-6 to D. 147-30) are replaced by the following:


    “Section 9



    "Simplified sentencing procedures


    "Art.D. 147-6.-The terms and conditions for the application of the provisions of Articles 723-15 to 723-27 are set out in this section.
    "Art.D. 147-7.-In the event of cumulative convictions, at least one of which has been pronounced for acts committed in a state of lawful recidivism, these provisions shall be applied only if the total of sentences imposed or remaining to be imposed is less than or equal to one year. Where all convictions for acts committed in legal recidivism have been executed, the provisions of articles 723-20 and below shall apply if the remaining sentence is less than or equal to two years.
    "Art.D. 147-8.-The conditional release may only be granted in accordance with the provisions of Articles 723-15 to 723-27 when the conditions set out in Articles 723-1 and 723-7 are met if a probatory measure is pronounced, or failing that, when the conditions laid down in Articles 729 et seq., and in particular the probation times provided for in these articles.


    "Subsection 1



    " Provisions applicable to free convicts


    "Art.D. 147-9.-Where the provisions of sections 474 and D. 48-2 have not been implemented, summonses under section 723-15 shall be issued by the judge of the application of sentences and by the prison service of insertion and probation. The convict is summoned first before the judge of enforcement of sentences, and then before the prison service of insertion and probation.
    "However, in the light of the organization of the enforcement of sentences and the penitentiary service of insertion and probation, the judge of enforcement of sentences may, in particular with regard to the quantum of the sentence imposed, the nature of the facts and the history of the convicted person, decide that the convicted person is summoned:
    « 1° Be first before the penitentiary service of insertion and probation, then before the judge of enforcement of sentences;
    « 2° Only before the judge of enforcement of sentences, the summons to the penitentiary service of insertion and probation, if any, being made by the judge of enforcement of sentences after the convict's presentation to the magistrate.
    "Art.D. 147-10.-If the convicted person resides in another jurisdiction than that of the court having pronounced the conviction, the Public Prosecutor's Office directly communicates a copy of the decision(s) to the judge of the application of the territorially competent penalties. The latter shall then issue the summons(s) provided for in Article 723-15.
    "Art.D. 147-11.-The failure to comply with the deadlines of one month and forty-five days provided for in Article 723-15 does not constitute a cause of nullity of the summons of the convicted person before the judge of the application of the sentences or before the prison service of insertion and probation.
    "Art.D. 147-12.-If the convicted person has already been arrested in pre-trial detention, the judge of the application of the penalties who receives the copy of the decision pursuant to section 723-15 shall examine the situation of the person concerned with regard to the penalty reduction credit he receives for the entire sentence and any possible reductions of additional penalties that may be granted to him on the part of the conviction in pre-trial detention.
    "He then ruled without the prior notice of the enforcement commission, but, unless urgently or impossible, after the advice of the head of institution in which the convict was arrested and given a socio-educational synthesis established by the penitentiary department of competent insertion and probation of that institution.
    "The head of the institution or the prosecutor of the Republic may appeal to the judge for the application of the penalties for the withdrawal of all or part of the benefit of the penalty reduction credit, in the event of a bad conduct of the convicted person during his pretrial detention.
    "If, as a result of the penalty reduction credit and the possible reductions of sentences granted by the judge of the enforcement of sentences, there is no longer any remand of imprisonment to be performed, the judge of the application of sentences shall inform the prosecutor of the Republic after having made the formalities provided for in article D. 147-13.
    "Art.D. 147-13.-Where, as a result of the penalty reduction credit and, where applicable, the additional penalty reductions granted by the enforcement judge, no longer remains for the convicted person to reconnect the sentence to be executed, the information provided for in the last paragraph of Article 721 and Article D. 115-18 shall be made by the judge of the application of the sentences, or, on the instruction of the sentence
    "This information can also be sent to the convicted person by registered letter.
    "This information may also be made by the prosecutor of the Republic or, on the instruction of the prosecutor, by his delegate, when the copy of the judgment has not been sent by the judge to the judge of the enforcement of the sentences.
    "The starting point for the period in which the commission of a new offence may result in the withdrawal of the benefit of the penalty reduction credit is that of the date on which the conviction became final.
    "Art.D. 147-14.-The prosecutor of the Republic may apply the provisions of Article 723-15 and this subsection for prison sentences whose remaining remand is greater than two years, or one year if the convict is in a state of lawful recidivism, if, as a result of the pretrial detention carried out by the convict, and the total of the penalty reduction credits and the additional penalty reductions that may be granted to 18
    "The prosecutor of the Republic may also apply the provisions of section 723-15 and this subsection for prison sentences whose remaining remand is greater than two years, or one year if the convicted person is in a state of legal recidivism, if, as a result of the pretrial detention carried out by the convicted person, the convicted person is entitled to parole.
    "Art.D. 147-15.-The provisions of section 712-21 are not applicable to the provision of penalties decided under sections 723-15 and following, unless the Attorney of the Republic so requires when the Attorney of the Republic takes the judge of enforcement of the penalties.
    "Art.D. 147-16.-Where the convicted person has not filed an application in the forms prescribed by Article D. 49-11, the judge of the application of the sentences may, in accordance with the provisions of the first alienna of Article 723-15-2, set the date of incarceration after summoning the convicted person and collecting his observations. When the judge refuses an accommodation requested by the convicted person in the forms prescribed by Article D. 49-11, the judge may set that date at the end of the conflicting debate.
    "Art.D. 147-16-1.-Unless the prosecutor of the Republic decides, if the particular situation of the convicted person warrants it, to enforce the provisions of section 723-15 and this subsection, they do not apply to imprisonment resulting from a decision of a court of enforcement of sentences, in particular in the event of a decision revoking a condition of probation or a conditional release.


    "Subsection 2



    " Provisions applicable to convicted prisoners


    "Art.D. 147-17.-The terms and conditions for the application of the provisions of sections 723-20 to 723-27 allowing the director of the penitentiary service to propose, to incarcerated convicts under the provisions of section 723-19, a development measure shall be determined by the provisions of this subsection.
    "Art.D. 147-18.-When applying the provisions of Article D. 588, it is mentioned in the proposals addressed to the Public Prosecutor in accordance with the provisions of Article 723-20 that the person acts under a delegation, the date and the identity and quality of the signatory are specified.


    “paragraph 1



    “Instruction of convicted persons’ files


    "Art.D. 147-19.-For all convicts referred to in Article 723-19, a specific rating is created in the individual file of the convict held in the penitentiary service of insertion and probation.
    "This particular rating can be consulted by the convict's lawyer, in terms that are consistent with the requirements of the proper operation of the penitentiary service for insertion and probation.
    "The convict's lawyer may be issued a copy of all or part of the documents listed in this rating.
    "Art.D. 147-20.-Before proposing a measure to the prosecutor of the Republic, the director of the penitentiary service of insertion and probation may conduct or conduct an investigation into the family, material and social situation of the convict, without prejudice to his ability to request the prosecutor of the Republic to order such an investigation.
    "It may also request from the Public Prosecutor's Office to the jurisdiction in which the penitentiary institution is located any useful information on the judicial situation of the person concerned.
    "For convicts for whom psychiatric expertise is required under the provisions of section 712-21 or section 763-4, he verifies whether this expertise is included in the individual file of the convict and, if not, requests a copy of it to the public prosecutor.
    "Art.D. 147-21.-The Director of the Penitentiary Service for Inclusion and Probation who intends to propose a development measure must collect or collect by his service the written agreement of the convict to that measure.
    "Art.D. 147-22.-If it is the electronic supervision measure, the convicted person is informed that he or she may be assisted by a lawyer, chosen by him or appointed by the prisoner at his or her request, before giving his or her consent. This lawyer can freely communicate with the convicted person, with the permission to communicate to him by the Director of the Prison Service for Inclusion and Probation.
    "The Director of the Penitentiary Service for Inclusion and Probation shall inform the convicted person, if any through his or her service, that he or she may request that a physician verify that the implementation of the electronic surveillance placement process does not present any inconvenience to his or her health. The Director of the Prison Service for Inclusion and Probation may request that he be appointed one by the Attorney General of the Republic. This designation is entitled to the request of the convicted person. The medical certificate is on file.
    "If necessary, the Penitentiary Service for Inclusion and Probation shall collect the agreement of the owner or tenant of the premises where the convict shall reside.
    "Art.D. 147-23.-Without prejudice to the provisions of the third paragraph of articles D. 147-20 and D. 147-22, courts of enforcement of sentences may conduct any examinations, hearings, investigations, expertise or requisitions in accordance with the provisions of Article 712-16.


    “Paragraph 2



    "Proposal of the Director of the Prison Service
    of insertion and probation


    Art.D. 147-24. -The proposed imposition of a sentence by the Director of the Correctional Service for Inclusion and Probation is addressed to the Public Prosecutor in a timely manner so that the development measure can be implemented as soon as the prisoner remains, according to the distinctions made in section 723-19, one or two years of imprisonment to be imposed.
    "This proposal, based on the signature of the Director of the Service, defines precisely the terms and conditions for the performance of the measure and, where applicable, the obligations and prohibitions listed in theArticle 132-45 of the Criminal Code. It may also provide that the head of institution or the director of the penitentiary service for insertion and probation shall be authorized to change the schedules of the sentence adjustment measure in accordance with the provisions of the second paragraph of section 712-8.
    "This proposal is sent with attachments to the public prosecutor by any means. It shall be accompanied by the written notice of the head of establishment and the written consent of the convict to the measure as well as relevant supporting documents.
    "Art.D. 147-25.-The prosecutor of the Republic shall communicate the proposal to the judge of the application of the penalties by any means and no later than five working days.
    "If he considers the proposal to be justified, he shall communicate it for approval, if any, after having altered the procedure for carrying out the measure and the list of obligations and prohibitions to be imposed on the convicted person.
    "If he considers the unwarranted proposal, he shall inform the judge of the application of the penalties by indicating his unfavourable opinion. In this case, he also informs the director of the penitentiary service of insertion and probation, who makes his observations, if any, to the judge of enforcement of sentences. He shall notify the convict, through the head of the institution or the director of the penitentiary service for insertion and probation, in accordance with the provisions of the last paragraph of section 723-20.
    "Previously to this communication, the Attorney of the Republic may ask the Director of the Correctional Service to conduct further investigations. In such a case, the period provided for in the first paragraph shall be repeated at the time of receipt by the Public Prosecutor ' s Office of the requested elements.
    "Art.D. 147-26.-When the proposal is addressed for approval, the three-week response period provided for in Article 723-24 begins to run from the date of receipt of the request by the judge of the application of the penalties.
    "Art.D. 147-27.-In the event of a new fact, the prosecutor of the Republic may inform the judge of the application of the penalties that a proposal he has forwarded to him for approval, and on which he has not yet been decided, does not seem to him justified.
    "The prosecutor of the Republic advises the convicted of his unfavourable position; the judge of the application of the penalties may only order an alteration of sentence, on his or her own motion or at the request of the convicted person, following a contradictory debate in accordance with section 712-6.
    "Art.D. 147-28.-Where, after examining the situation of a convicted person under the provisions of Article 723-19, the Director of Correctional Services for Inclusion and Probation decides not to refer the prosecutor of the Republic to a proposal for accommodation, he shall give the prosecutor of the Republic and the judge for the enforcement of the sentences a reasoned report. He informs the convicted person in writing of the fact that he has the power to refer the sentence to the judge under the conditions set out in sections 712-6 and D. 49-11.
    "In this case, the penitentiary service of insertion and probation continues to follow the evolution of the convict in order to propose a correction of sentence as soon as the conditions are met.


    “Paragraph 3



    "Orders of the Judge of the Enforcement of Penalties


    "Art.D. 147-29.-If the judge considers it necessary, the judge of the application of the penalties may, before ordering or refusing the approval of the proposal, proceed to the hearing of the convict, if any in the presence of his lawyer, and proceed to any other useful act.
    "Art.D. 147-30.-When a judge of the application of the penalties approves the proposal, he may authorize in his or her order the head of institution or the director of the penitentiary service to insert and probation to modify the schedules of the measure of punishment under the conditions specified in the second paragraph of section 712-8.
    "Art.D. 147-30-1.-The order of the judge for the application of the penalties that homologate or refuse the measure shall be notified without delay to the Public Prosecutor's Office and to the convict by the head of the penitentiary institution, who shall give him a copy against the motion. A copy is sent to the Director of the Correctional Service for Inclusion and Probation and, where applicable, to the convict's lawyer by registered letter or by fax.
    "Art.D. 147-30-2.-The order of registration shall, in full right, nullify any application for the imposition of a sentence that the convicted person could have previously filed in accordance with the provisions of Article D. 49-11 and on which the judge of the application of the penalties is no longer required to rule.
    "Art.D. 147-30-3.-When the judge of the application of the sentences or the chair of the enforcement of the sentences of the Court of Appeal envisages to substitute for the proposed relief measure one of the other measures provided for in section 723-19, he shall, in advance, obtain the advice of the prison service to insert and probation, that of the public ministry and consent to the measure of the convicted person. The convict is informed that he may be assisted by a lawyer, chosen by him or designated by the sticker at his request, before giving his consent.
    "The judge may also amend the terms and conditions for the enforcement of the development measure and the list of obligations and prohibitions imposed on the convicted person.
    "When the provisions of this article have been applied, the convict and the prosecutor of the Republic may appeal against the order issued by the judge of the enforcement of the sentences within 24 hours of the notification.
    "Art.D. 147-30-4.-If the compulsory expertise provided for convicted persons under section 712-21 or section 763-4 is not included in the file, the enforcement judge shall forward the file to the prosecutor of the Republic.
    "The judge of enforcement of sentences may, however, rule without expertise if he decides to refuse the approval of the measure.
    "He can also order the expertise himself. He then informed the public prosecutor and the director of the prison service of insertion and probation. In this case, the three-week period provided for in sections 723-20 and 723-24 is suspended until the findings of the expertise are handed over to the enforcement judge, who promptly transmits a copy to the prosecutor of the Republic and the director of the penitentiary service for insertion and probation.
    "Art.D. 147-30-5.-The appeal against the order of the judge of the application of penalties shall be filed in accordance with the provisions of Article D. 49-39, and shall be examined by the chair of the enforcement of the sentences of the Court of Appeal.
    "The convict and the prosecutor of the Republic may appeal the order refusing to homologate the proposal for a sentence within 24 hours of the notification.
    "When the prosecutor of the Republic appeals, he shall promptly inform the director of the penitentiary service of insertion and probation and the head of institution. The latter then advises the convict.
    "Art.D. 147-30-6.-In the event of an appeal, the clerk of the judge of enforcement of sentences shall forthwith transmit to the chair of the enforcement of sentences a copy of the individual file of the convicted person, the proposal and order of the judge of enforcement of sentences. The chair of the sentencing chamber shall rule by reason of order that is not subject to appeal, in the light of written submissions by the public prosecutor and those of the convicted person or his lawyer. These comments must be sent no later than eight days after the date of the appeal, unless the chair of the enforcement of sentences has been waived.
    "Art.D. 147-30-7.-The proposal shall be null and void if, prior to the expiry of the three-week period provided for in sections 723-20 and 723-24, the judge of the application of the penalties, seized in accordance with the provisions of Article D. 49-11, orders a relief or conditional release in accordance with the provisions of Article 712-6.


    “Paragraph 4



    "Enforcement of the development measure in the absence
    of the Justice of the Enforcement of Penalties


    "Art.D. 147-30-8.- Upon the expiry of the three-week period provided for in sections 723-20 and 723-24, and subject, where applicable, to the suspension of the period in accordance with the provisions of section D. 147-30-4, the Public Prosecutor may make a written decision stating that the judge's response to the application of the sentences is lacking and giving instructions to the Director of the Training and Probation Service to return to execution
    "This decision recalls the procedures for the enforcement of the measure and, where applicable, the obligations and prohibitions listed in theArticle 132-45 of the Criminal Code. It is transmitted by any means to the Director of the Penitentiary Service for Inclusion and Probation and to the Chief of the Penitentiary Institution and is notified to the judge of the enforcement of the penalties prior to its enforcement.
    "It is then notified to the convicted person by the head of the penitentiary institution, who gives him a copy against the court.
    "Art.D. 147-30-9.-If the prosecutor of the Republic decides not to bring the measure back to execution, he shall inform the judge of the application of the sentences, the director of the penitentiary service of insertion and probation and the head of institution. The latter then advises the convicted person, stating that he has the right to appeal to the judge for the application of the penalties under sections 712-6 and D. 49-11.
    "Art.D. 147-30-10.- Upon the expiry of the period provided for in Article 723-24, the prosecutor of the Republic shall not bring the measure to execution if it is a convict under the provisions of Article 712-21 or Article 763-4 where the expertise provided for in these provisions has not been carried out.


    “Paragraph 5



    "Execution of development measures


    "Art.D. 147-30-11.-When the proposal has been approved or the measure has been reduced to execution on the instruction of the prosecutor's office, the director of the penitentiary service of insertion and probation or his service reminds the convict of the measure and of the obligations and prohibitions to which he is subjected.
    "Art.D. 147-30-12.-If it is an electronic supervision placement, the Director of the Correctional Service for Inclusion and Probation or his service shall inform the convict of the provisions of section R. 57-15 allowing him to request that a doctor verify that the surveillance device does not have an inconvenience for his health.
    "He shall also inform him of the information provided for in article R. 57-16 on the terms and conditions of the measure and the consequences resulting from its non-compliance.
    "Art.D. 147-30-13.-The measures ordered pursuant to the provisions of Articles 723-20 to 723-27 shall be controlled, amended or revoked by the judge of the application of the territorially competent penalties in accordance with the provisions of this Code, which are the result of the proposal approved by the judge or the decision of the public prosecutor.
    "Without prejudice to the possibility for the judge of the application of the penalties to seize on his own motion or to be seized by the convict or by the public prosecutor, the director of the penitentiary service of insertion and probation may appeal to the judge for the purposes of:
    « 1° To revoke the measure in the event of the convict's failure to comply with his obligations;
    « 2° Amend the procedures for the measure, obligations and prohibitions imposed on the convicted person.
    "This request is addressed to the judge of enforcement of sentences by any means.


    "Subsection 3



    “ Provisions applicable to minors


    Art.D. 147-30-14. -For the purposes of the provisions of this section, where the juvenile judge is competent under theArticle 20-9 of Order No. 45-174 of 2 February 1945, he exercises the powers of the judge of the application of penalties.
    "When the public sector of youth judicial protection is competent in accordance with the provisions of Article D. 49-54, the Interregional Director of Youth Judicial Protection shall exercise the powers of the Director of the Prison Service for Inclusion and Probation. In this context, it may delegate its signature and powers to one of its territorial directors or to one of its service directors.
    "In their absence or in the event of an incapacity, the Interregional Director shall designate a deconcentrated service official to carry out the duties set out in this section.
    "Art.D. 147-30-15.-The specific rating provided for in Article D. 147-19 is in the same conditions in the individual file of the minor held in the public sector of the judicial protection of youth.
    "Art.D. 147-30-16.-For the purposes of the provisions of Article D. 147-21, the Interregional Director of Judicial Protection of Youth must also collect or collect the written notice of the holders of parental authority and the opinion of the juvenile judge who usually knows the situation of the minor. The consent of the minor must be given in the presence of a lawyer, chosen by him or by the holders of the parental authority or designated by the staff member at the request of the Regional Director. The lawyer may freely communicate with the convicted person, with a permit to communicate to him by the Regional Director.
    "Art.D. 147-30-17.-For the purposes of sections D. 147-29 and D. 147-30-7, paragraph 3, the decision is also notified to the holders of parental authority.
    "Art.D. 147-30-18.-For the purposes of sections D. 147-30-1, D. 147-30-4, paragraph 3, D. 147-30-8 and D. 147-30-11, parental authority holders are also notified. »

  • CHAPTER II: OTHER PROVISIONS Article 4 Learn more about this article...


    I. ― After Article D. 49-5, an article D. 49-5-1 is inserted as follows:
    "Art. D. 49-5-1. - When the court of enforcement of sentences examines a case following a referral of a judge of enforcement of sentences in accordance with the provisions of the third paragraph of section 712-6 and that the judge is absent, prevented, or has been appointed to another position, it shall be replaced by a judge of enforcement of the penalties charged with the functions of president or assailant of the court of enforcement of sentences. »
    II. ― After Article D. 49-21, an article D. 49-21-1 is inserted as follows:
    "Art. D. 49-21-1. - When the head of the institution or the director of the penitentiary service amends the schedules of a correction of sentence on the authorization of the judge of the application of the sentences in accordance with the provisions of the second paragraph of Article 712-8, he shall immediately inform and by any means the judge of the application of the sentences and the convicted person. »
    III. ― After Article D. 49-25, an article D. 49-25-1 is inserted as follows:
    "Art. D. 49-25-1. - Pursuant to the provisions of Article 712-22, the courts of enforcement of sentences may impose a prohibition under this Article, including if this prohibition is not the result of the conviction in which the court of enforcement of sentences is responsible for setting the terms and conditions of enforcement. »
    IV. ― After Article D. 49-34, an article D. 49-34-1 is inserted as follows:
    "Art. D. 49-34-1. - When the judge of the application of sentences, who has been tried by the prosecutor of the Republic for the purpose of adjudicating a judicial constraint or enforcement of a fine-day sentence, finds that the convicted person has paid the amount of the fine or fine-tuned days, he makes a reasoned order stating that this request has become irrelevant, without the need for a contradictory debate. »
    V. ― After Article D. 49-42, an article D. 49-42-1 is inserted as follows:
    "Art. D. 49-42-1. - Where the president of the enforcement board finds that this jurisdiction has been referred to a manifestly inadmissible appeal, he may decide by a reasoned non-appeal order that there is no reason to rule on that appeal. »
    VI. ∙ Section D. 49-74 is replaced by the following:
    "Art. D. 49-74. - When the lawyer of the civil party informed the judge of the application of the penalties, by declaration to the registry or by registered letter with a request for notice of receipt, that he wished to attend the adversarial debate in the jurisdiction of the application of the sentences in order to make his observations in accordance with the provisions of the fourth paragraph of Article 730, he is advised of the date on which the adversarial debate will be held by registered letter, by fax, or by means of communication
    "The lawyer may also make written submissions to the court of enforcement of sentences.
    "The provisions of this section are also applicable to adversarial proceedings before the court of enforcement of sentences and the enforcement of penalties for a request for the rehabilitation of the period of security or suspension of sentence for medical reasons that is not within the jurisdiction of the judge of enforcement of sentences. »
    VII. ∙ Section D. 150-1 is amended as follows:
    1° After the second aliena, a paragraph reads as follows: “—the penalties for acts committed in a state of lawful recidivism before other penalties; » ;
    2° The fifth paragraph is deleted.
    VIII. ∙ After chapter II of Book V title IV, a chapter III is inserted as follows:
    “Chapter III: Suspendence with the obligation to perform work of general interest.
    "Art. D. 545. - When the firm part of a prison sentence that has been subject to a partial suspended sentence with probation is converted to a suspended sentence with an obligation to perform a work of general interest in accordance with the provisions of the second alienation of section 132-57, the suspended sentence with the obligation to perform a work of general interest does not constitute a second conviction within the meaning ofArticle 132-53 of the Criminal Code. »
    IX. ― The second sentence of the first paragraph of section D. 571-2 is replaced by the following provisions: "When the residence ban has been issued with provisional execution, this document may be submitted at the end of the hearing. When the convict was incarcerated, the document was handed over to him during his release. »

  • CHAPTER III: COORDINATION PROVISIONS Article 5 Learn more about this article...


    I. ― In D. 48-4, the words "D. 48-2 and D. 48-3" are replaced by the words "D. 48-2 to D. 48-3".
    II. ― In the first paragraph of Article D. 49-23, the reference "D. 147-9-1" is replaced by the reference "D. 147-15".
    III. ― In article D. 49-26, after the twelfth paragraph (11°), a paragraph shall read as follows:
    « 12° The raising of a prohibition under section 712-22. »
    IV. ∙ Section D. 49-59 is amended as follows:
    1° In the first and second paragraphs, the word "departmental" is replaced by the word "territorial";
    2° In the second paragraph, the word "territorial" is replaced by the word "interregional" and the references: "723-21 to 723-28 and D. 147-9 to D. 147-28" are replaced by the references: "723-20 to 723-27 and D. 147-17 to D. 147-30-13".
    V. ― In the first paragraph of Article D. 49-71, the words: "Article 723-16 or after the judge of the application of the sentences returned the extract of judgment to him in the case provided for in the last paragraph of Article 723-15" are replaced by the words: "The second and third paragraphs of Article 723-15-2 and Article 723-16".
    VI. ― In the last paragraph of Article D. 115-2, the reference "D. 147-6" is replaced by the reference "D. 147-10".
    VII. ― In sections D. 129, D. 138, D. 142 and D. 147-2, the words " 132-45 and 132-45-1" are replaced by the words "and 132-45".
    VIII. ∙ Section D. 136 is amended as follows:
    1° In the second paragraph (1°), the words: "one year" are replaced by the words: "two years or one year if they are in a state of legal recidivism";
    2° In the sixth paragraph, the words " 132-45 and 132-45-1" are replaced by the words "and 132-45".
    IX. - Section D. 147-35 is replaced by the following provisions:
    "Art. D. 147-35. - If the expertise ordered pursuant to the provisions of Article 723-31 concludes the danger of the convicted person and finds a risk of recidivism that appears to be proven, the prosecutor requires that the convicted person be placed under judicial supervision upon release in accordance with the provisions of Article 723-29 and transmits his requisitions to the judge of the application of the penalties for the purpose of referral of the enforcement court. »
    X. ― The first paragraph of section D. 147-37 is replaced by the following provisions:
    "In accordance with the provisions of the last paragraph of Article 723-29, judicial supervision shall include the obligation to respect the injunction of care provided for in Article 723-29.Article 131-36-4 of the Criminal Code where the medical expertise provided by section 723-31 or section D. 147-36 concludes that the convicted person is subject to treatment. The enforcement court finds this obligation in its decision to place under judicial supervision. The enforcement court may, however, waive this obligation when, in accordance with the provisions of the last paragraph of section 723-29, the enforcement judge indicated, by seizing the court under section D. 147-35, that a care order was not necessary. »
    XI. ― In article D. 147-37-1, after the words: "If judicial supervision involves a placement under mobile electronic surveillance," the words are inserted: "the court of enforcement of sentences or".
    XII. ∙ Section D. 147-38 is replaced by the following provisions:
    "When the court of enforcement of sentences is seized by the prosecutor of the Republic for the purpose of adjudicating a judicial review, the court may decide by the same judgment, at the request of the judge of the application of the sentences initially seized, on a request for a sentence within the jurisdiction of that judge. »
    XIII. ― In article D. 147-39, the words: "the judge or" are deleted.

    Article 6 Learn more about this article...


    This decree is applicable throughout the territory of the Republic.
    For the application in New Caledonia and in the Wallis and Futuna Islands of the provisions of articles D. 147-30-14, D. 147-30-15 and D. 147-30-16, missions under the jurisdiction of the public sector of youth judicial protection are carried out by the local service carrying out similar missions.

    Article 7 Learn more about this article...


    The Minister of State, Minister of Justice and Freedoms, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, 27 October 2010.


François Fillon


By the Prime Minister:


The state minister, keep seals,

Minister of Justice and Freedoms,

Michèle Alliot-Marie


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