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Act No. 2014-896 Of August 15, 2014 For The Individualization Of Sentences And Strengthening The Effectiveness Of Criminal Sanctions

Original Language Title: LOI n° 2014-896 du 15 août 2014 relative à l'individualisation des peines et renforçant l'efficacité des sanctions pénales

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Summary

Amendment of the Criminal Code, Criminal Procedure Code, Insurance Code, Internal Security Code. Amendment of Order No. 45-174 of 2 February 1945 on Offender Children: Amendments to Articles 20-2, 20-3, 20-4. Amendment of Act No. 2009-1436 of 24 November 2009: creation after Article 2 of Article 2-1; Amendments to Articles 3, 11, 99, 30, 13. Amendment of Act No. 2007-297 of 5 March 2007 on the prevention of crime: amendment of Article 5. Amendment of Order No. 92-1147 of 12 October 1992 on legal aid in criminal matters in New Caledonia and in the Wallis and Futuna Islands: amendment of Article 2.

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JORF n°0189 of 17 August 2014 page 13647
text No. 1



LOI no. 2014-896 of 15 August 2014 on individualization of penalties and strengthening the effectiveness of criminal sanctions (1)

NOR: JUSX1322682L ELI: https://www.legifrance.gouv.fr/eli/loi/2014/8/15/JUSX1322682L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2014/8/15/2014-896/jo/texte


The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2014-696 DC of 7 August 2014;
The President of the Republic enacts the following legislation:

  • Part I: PROVISIONS FOR THE PRONONCY OF EFFECTIVE AND ADOPTED PEINES
    • Chapter I: General principles concerning penalties and sentencing Article 1 Learn more about this article...


      At the beginning of Title III of Book I of the Criminal Code, an article 130-1 is added as follows:


      "Art. 130-1.-In order to ensure the protection of society, to prevent the commission of new offences and to restore social balance, in accordance with the interests of the victim, the penalty shall be as follows:
      « 1° To punish the perpetrator of the offence;
      « 2° To promote its amendment, integration or reintegration. »

      Article 2 Learn more about this article...


      Section 132-1 of the same code is supplemented by two paragraphs as follows:
      “Every sentence imposed by the court must be individualized.
      "In the limits laid down by law, the court shall determine the nature, quantum and regime of the penalties imposed on the circumstances of the offence and the personality of the perpetrator and the material, family and social situation, in accordance with the purposes and functions of the sentence set out in section 130-1. »

      Article 3 Learn more about this article...


      I.-The same code is amended as follows:
      1° The second paragraph of section 132-19 is replaced by two subparagraphs as follows:
      "In correctional matters, a suspended sentence of imprisonment may only be imposed as a last resort if the seriousness of the offence and the personality of the offender make this penalty necessary and if any other sanction is manifestly inadequate; in this case, the prison sentence must, if the personality and situation of the convicted person permit, and unless material impossibility, be subject to one of the measures of relief provided for in subsections 1 and 2 of this section.
      "When the correctional court imposes a suspended sentence of imprisonment or is not subject to any of the measures provided for in the same sub-sections 1 and 2, it must specifically motivate its decision, in the light of the facts of the species and the personality of their author and its material, family and social situation. » ;
      2° Section 132-20 is supplemented by a paragraph as follows:
      "The amount of the fine is determined taking into account the resources and expenses of the offender. » ;
      3° Article 132-24 reads as follows:


      "Art. 132-24.-Sentences may be customized according to the terms set out in this section. »
      II.-The Code of Criminal Procedure is amended as follows:
      1° After the word: "articles", the end of the first sentence of the first paragraph of article 362 is as follows: "130-1,132-1 and 132-18 of the first sentence of article 362 Criminal code.
      2° In the first paragraph of section 495-8, the words: "Article 132-24 provisions" are replaced by the references: "Articles 130-1 and 132-1".

      Article 4 Learn more about this article...


      I.-Article 709-1 of the same code is thus restored:


      "Art. 709-1.-In each court of large instance and in each court of appeal, an enforcement office is established, whose composition, missions and operating procedures are specified by decree.
      "This office is responsible, among other things, to hand over to any convicted person at the end of the hearing of the Correctional Court a statement of criminal conviction indicating the sentences that have been imposed. »
      II.-This section comes into force one year after the promulgation of this Act.

    • Chapter II: Provisions for individual sentencing
      • Section 1: Provisions promoting the adjournment of the sentence in order to improve the knowledge of the personality or material, family and social situation of the defendant Article 5 Learn more about this article...


        I.-Subsection 6 of chapter II, section 2 of Title III of Book I of the Criminal Code is supplemented by a paragraph 5, as re-established:


        “Paragraph 5
        "From adjournment for investigation on personality or material, family and social situation


        "Art. 132-70-1.-The court may adjourn the sentence in respect of a natural person where it appears necessary to order further investigations into his or her personality or material, family and social situation, which may be entrusted to the penitentiary service of insertion and probation or to an authorized legal person.
        "In this case, it sets out in its decision the date on which the sentence will be decided.
        "The sentencing decision shall take place no later than four months after the adjournment decision, subject to the shorter deadlines provided for in third paragraph of Article 397-3 of the Code of Criminal Procedure when the person is placed in pre-trial detention. This period may be extended for a further period of up to four months.


        "Art. 132-70-2.-When the court adjourns the award of the sentence, it may immediately grant damages to the victim either on an interim basis or on a final basis. »
        II.-After article 397-3 of the Code of Criminal Procedure, an article 397-3-1 is inserted as follows:


        "Art. 397-3-1.-When he pronounces the adjournment of the sentence for the purpose of investigating the personality under theArticle 132-70-1 of the Criminal Code, the court may also place or maintain the person convicted under judicial review pursuant to the first paragraph of section 397-3 of this Code, under house arrest with electronic supervision under the first paragraph of section 142-12, or, in the cases provided for in sections 395 to 397-7, in pretrial detention under the second paragraph of section 397-3. Pre-trial detention may only be decided on one of the grounds provided for in 2°, 3°, 5° and 6° of Article 144. Where the person has been detained or detained, the last two paragraphs of section 397-3 are applicable. »

        Article 6 Learn more about this article...


        Sub-section 6 of section 2 of chapter II of Title III of Book I of the Criminal Code is supplemented by a paragraph 6, as follows:


        “Paragraph 6
        "From adjournment for the purpose of consigning a sum of money


        "Art. 132-70-3.-The court may adjourn the sentence in respect of a person by subjecting it to the obligation to record a sum of money in order to guarantee the payment of a possible fine. It determines the amount of the consignation and the time limit within which the consignation must be filed in the Registry, which cannot exceed one year. It may provide that this designation is made in a number of payments, depending on a timeframe it determines.
        "It sets out in its decision the date on which the sentence will be decided.
        "The sentencing decision shall be made no later than one year after the adjournment decision. »

      • Section 2: Provisions for the use of sentencing methods Article 7 Learn more about this article...


        I.-The same code is amended as follows:
        1° Articles 132-18-1,132-19-1 and 132-19-2 are repealed;
        2° At the end of section 132-20-1, the words "lawful recidivism committed" are deleted.
        II.-A the second sentence of the first paragraph of Article 706-25 of the Code of Criminal Procedure, the word "sixteenth" is replaced by the word "last".
        III.-Ordinance No. 45-174 of 2 February 1945 on delinquent childhood is amended as follows:
        1° The fourteenth and penultimate paragraphs of Article 20 are deleted;
        2° Section 20-2 is amended as follows:
        (a) The last sentence of the first paragraph is deleted;
        (b) The second to seventh preambular paragraphs are replaced by a sub-item:
        "However, if the minor is over sixteen years of age, the juvenile court and juvenile court may, on an exceptional basis and in the light of the circumstances of the case and the personality of the minor as well as his or her situation, decide that the first paragraph should not be applied. This decision can only be taken by the Children ' s Court by a specially motivated provision. » ;
        (c) At the beginning of the eighth paragraph, the words: "For the application of the articles 132-8 to 132-11,132-18-1 and 132-19-1 the penal code and the two preceding paragraphs are deleted;
        3° In section 20-3, the references: "second to fifth paragraphs" are replaced by the reference: "second paragraph";
        4° The twelfth and penultimate paragraphs of section 48 are deleted.

        Article 8 Learn more about this article...


        I.-The Penal Code is amended as follows:
        1° After the word "seen," the end of the second paragraph of section 132-29 reads as follows: "In the event of a conviction for a new offence that would be committed within the time limits provided for in sections 132-35 and 132-37, the stay may be revoked by the court. » ;
        2° At the end of section 132-35, the words: "without a stay that carries a revocation" are replaced by the words: "who ordered the total revocation of the stay under the conditions defined in section 132-36; the non-aven character of the conviction does not hinder the total or partial revocation of the stay in the event of an offence committed within the five-year period."
        3° Article 132-36 is as follows:


        "Art. 132-36.-The court may, by special decision, revoke completely or partially, for a period or amount determined by the court, the stay previously granted, regardless of the sentence it accompanies, when it imposes a new sentence of imprisonment or a suspended sentence of imprisonment.
        "The court may, by special decision, revoke completely or in part, for a period or amount determined by the court, the suspended sentence previously granted that accompanies a sentence other than imprisonment or imprisonment where the court pronounces a new sentence of a natural or legal person to a sentence other than suspended imprisonment or imprisonment. » ;
        4° In section 132-37, the words: "without a stay taking revocation" are replaced by the words: "who ordered the revocation of the stay";
        5° Section 132-38 is amended as follows:
        (a) In the first paragraph, after the word "simple", the words "ordered by the court" are inserted;
        (b) The second paragraph is deleted;
        6° In section 132-39, the words: "sentence has not been incurred" are replaced by the words: "total stay has not been pronounced under the conditions provided for in section 132-36";
        7° Article 132-50 reads as follows:


        "Art. 132-50.-If the court orders the execution of the entire sentence and the probation period has been granted after a first sentence already pronounced under the same benefit, it may, by special decision, order that the first sentence will also be executed. »
        II.-Article 735 of the Code of Criminal Procedure reads as follows:


        "Art. 735.-Where the Judgment Court has not ruled on the revocation of the stay pursuant to theArticle 132-36 of the Criminal Code because she was not aware of the first conviction, the Attorney General of the Republic may subsequently appeal to the Correctional Court for a reasoned request for revocation.
        "The court shall rule in public hearing, after hearing the person and, if necessary, his lawyer. »
        III.-At the end of Article 735-1 of the same Code, the words: "The terms provided for in Article 711" are replaced by the words: "the procedure provided for in Article 735".

        Article 9 Learn more about this article...


        The Penal Code is thus amended:
        1° Section 132-44 is amended as follows:
        (a) The 5th is thus written:
        « 5° Obtain the pre-authorization of the judge of the enforcement of sentences for any change in employment or residence, where such change is likely to impede the performance of his or her obligations; »
        (b) It is added a 6° as follows:
        « 6° Inform the judge beforehand of the application of the penalties for any displacement abroad. » ;
        2° Section 132-45 is amended as follows:
        (a) After the 7°, it is inserted a 7° bis as follows:
        « 7° bis Subject to its agreement, register and present themselves to the driver's licence tests, if any, after having followed the driving lessons; »
        (b) It is added a 21° as follows:
        "21° Obtain the prior authorization of the judge of the application of penalties for any displacement abroad. » ;
        3° Section 132-52 is supplemented by a paragraph as follows:
        "The non-aven character of the conviction is not an obstacle to the total or partial revocation of the probation period as long as the breach or offence was committed before the expiry of the trial period. » ;
        4° In section 132-56, the second occurrence of the word "second" is replaced by the word "second".

        Article 10 Learn more about this article...


        The 10th of Article 132-45 of the Penal Code is supplemented by the words: ", and not take part in games of money and chance".

        Article 11 Learn more about this article...


        The first paragraph of section 132-49 of the same code is deleted.

        Article 12 Learn more about this article...


        The Code of Criminal Procedure is amended as follows:
        1° The first paragraph of Article 474 is supplemented by a sentence as follows:
        "This paragraph applies to a convicted person serving a sentence under the semi-liberty, outside placement or electronic supervision. » ;
        2° In the first sentence of the first paragraph of Article 723-15, after the word: "incarcerated", the words are inserted: "or serving a sentence under the regime of semi-liberty, outside placement or electronic supervision."

        Article 13 Learn more about this article...


        The same code is amended:
        1° Section 721 is amended as follows:
        (a) The second and fourth paragraphs are deleted;
        (b) At the penultimate paragraph, the words "or the second" are deleted and the word "third" is replaced by the word "second";
        2° The second paragraph of section 721-1 is amended as follows:
        (a) After the word: "excess", the end of the first sentence is as follows: "three months per year of incarceration or seven days per month when the remaining incarceration period is less than one year. » ;
        (b) The second sentence is deleted;
        (c) In the last sentence, the words "or, if it is in a state of legal recidivism, one month per year or two days per month" are deleted.

        Article 14 Learn more about this article...


        In the first sentence of the first paragraph of Article 721-1 of the same code, after the word "training", the words are inserted: "by investing in reading, writing and calculating learning, or by participating in cultural activities, including reading,".

        Article 15 Learn more about this article...


        The same code is amended:
        1° The eighth paragraph of Article 729 is amended as follows:
        (a) The second sentence is deleted;
        (b) In the last sentence, the words: "planned cases" are replaced by the words: "planned case";
        2° After the word "minor", the end of the second paragraph of Article 729-3 is deleted.

        Article 16 Learn more about this article...


        After article 723-17 of the same code, an article 723-17-1 is inserted as follows:


        "Art. 723-17-1.-When a sentence referred to in Article 723-15 has not been enforced within three years of the date on which it has become final, the convicted person shall be summoned before the judge of the application of the penalties, prior to the enforcement of the sentence, in order to determine the modalities for the execution of his sentence best suited to the circumstances, his or her personality and material situation, This summons suspends the possibility for the prosecutor to enforce the sentence.
        "It may be derogated from this article in the cases provided for in 723-16. »

        Article 17 Learn more about this article...


        I.-After the word "punitive", the end of the second paragraph of Article 122-1 of the Criminal Code is thus written: ". However, the court takes this circumstance into account when it determines the sentence and determines its regime. If a custodial sentence is imposed, the penalty shall be reduced by one third or, in the event of a crime punishable by criminal imprisonment or life imprisonment, shall be reduced to thirty years. However, the court may, by a specially reasoned decision in correctional matters, decide not to apply this decrease. When, after a medical opinion, the court considers that the nature of the disorder warrants it, it ensures that the sentence imposed allows the convicted person to be treated according to his condition. »
        II.-The Code of Criminal Procedure is amended as follows:
        1° Section 361-1 is supplemented by a paragraph to read:
        "If the trial court responded positively to the first question and negatively to the second question on the application of the first paragraph of Article 122-1 of the Criminal Code, must be asked the question of the application of the second paragraph of this same article. » ;
        2° The second paragraph of Article 362 is supplemented by a sentence as follows:
        "If the court of siege has responded positively to the question concerning the application of the provisions of the second paragraph of section 122-1 of the same code, custodial sentences of a term equal to or greater than two thirds of the original sentence may be imposed only by the qualified majority provided for in the second sentence of this paragraph. » ;
        3° The title of Chapter III of Title XXVIII of Book IV is thus written: "Security measures that may be ordered in the event of a declaration of irresponsibility for mental disorder or in the event of a recognition of a deterioration of discernment";
        4° After article 706-136, an article 706-136-1 is inserted as follows:


        "Art. 706-136-1.-When a person convicted under the circumstances referred to in second paragraph of Article 122-1 of the Criminal Code has not been convicted of a socio-judicial follow-up, the judge of the application of the penalties may order the release of the person, if his condition justifies it and after medical advice, an obligation of care for a period that he or she may not exceed five years in correctional matters or ten years if the facts committed constitute a crime or offence punishable by ten years in prison. The last paragraph of section 706-136 of this Code is applicable. » ;
        5° In the first sentence of Article 706-137, the words: "a prohibition imposed under Article 706-136" are replaced by the words: "a measure pronounced under Articles 706-136 or 706-136-1";
        6° In section 706-139, the reference: "by section 706-136" is replaced by the words: "at section 706-136 or the obligation of care provided for in section 706-136-1";
        7° Before the last sentence of the third paragraph of Article 721, a sentence is inserted as follows:
        "It may also order, after medical notice, withdrawal when the person convicted in the circumstances referred to in the first sentence of the second paragraph of Article 122-1 of the Criminal Code refuses the care offered to him. » ;
        8° The first paragraph of Article 721-1 is supplemented by a sentence as follows:
        " Similarly, after medical advice and unless the judge decides otherwise, no further reduction of sentence may be granted to a person convicted under the circumstances referred to in the sentence. first sentence of the second paragraph of Article 122-1 of the Criminal Code who refuses the care offered to him. »

    • Chapter III: Provisions relating to restorative justice Article 18 Learn more about this article...


      Subtitle II of the preliminary title of Book I of the Code of Criminal Procedure is thus restored:


      “Subtitle II
      Restorative justice


      "Art. 10-1.-On the occasion of any criminal proceedings and at all stages of the proceedings, including during the execution of the sentence, the victim and the perpetrator of an offence, subject to recognition of the facts, may be offered a restorative measure of justice.
      "Constitutes a restaurative justice measure that allows a victim as well as the perpetrator of an offence to actively participate in the resolution of the difficulties resulting from the offence, and in particular the reparation of the damages of any nature resulting from his commission. This measure can only take place after the victim and the perpetrator of the offence received full information about the victim and expressly consented to participate. It is implemented by an independent third party trained for this purpose, under the supervision of the judicial authority or, at the request of the judicial authority, of the prison administration. It is confidential, unless otherwise agreed by the parties and except in cases where a higher interest related to the need to prevent or punish offences warrants that information relating to the conduct of the measure be brought to the attention of the public prosecutor. »

    • Chapter IV: Provisions establishing criminal coercion Article 19 Learn more about this article...


      I.-The Penal Code is amended as follows:
      1° The 2° to 8° of Article 131-3 become, respectively, from 3° to 9° and it is re-established a 2° as follows:
      « 2° Criminal coercion; »
      2° After section 131-4, an article 131-4-1 is inserted as follows:


      "Art. 131-4-1.-Where the personality and material, family and social situation of the perpetrator of an offence punishable by a term of imprisonment of less than or equal to five years and the facts of the case justify an individualized and sustained socio-educational support, the court may impose the penalty of criminal coercion.
      "Criminal constraint imposes on the convicted person the obligation to submit, under the supervision of the judge of the enforcement of sentences, for a period of between six months and five years and which is established by the court, measures of control and assistance and special obligations and prohibitions intended to prevent recidivism by promoting its integration or reintegration into society.
      "As soon as the conviction is pronounced, the sentenced person shall be subjected to the control measures provided for in section 132-44 for the duration of the sentence.
      "The special obligations and prohibitions to which the convicted person may be subjected are:
      « 1° Obligations and prohibitions provided for in Article 132-45 in respect of conditional probation;
      « 2° The obligation to perform work of general interest under the conditions provided for in section 131-8;
      « 3° Injunction of care, under the conditions specified in Articles L. 3711-1 to L. 3711-5 of the Public Health Code, if the person has been convicted of an offence for which the socio-judicial follow-up is incurred and a medical examination has concluded that it was likely to be treated.
      "The convicted person may also benefit from the assistance measures provided for in section 132-46 of this Code.
      "If it has sufficient information on the personality of the convicted person and on its material, family and social situation, the jurisdiction which pronounces the criminal constraint may define the particular obligations and prohibitions to which the convicted person is bound among those mentioned in 1° to 3° of this article.
      "The court also determines the maximum duration of the sentence in the event of non-compliance with its obligations and prohibitions. Such imprisonment may not exceed two years, nor the maximum of the prison sentence. The conditions under which the execution of imprisonment may be ordered, in whole or in part, are fixed by the Code of Criminal Procedure.
      "After the decision has been pronounced, the President of the Judiciary shall notify the convicted person, when present, of the obligations and prohibitions imposed on him and of the consequences that would result from their violation.
      "In conditions and in terms specified by the Code of Criminal Procedure, after assessing the personality and material, family and social situation of the convict by the Prison Service for Inclusion and Probation, the judge of the application of the sentences, when it has not been applied to the ninth paragraph of this article, determines the obligations and prohibitions to which the convict is bound among those mentioned in the 1st to 3rd, as well as the measures of assistance he benefits. If the Ninth preambular paragraph has been implemented, the judge of enforcement of sentences may amend, delete or supplement the obligations and prohibitions decided by the court; it determines the aid measures that the convicted person receives. In the course of enforcement of criminal constraint, obligations and prohibitions and aid measures may be amended, removed or supplemented by the judge of enforcement of sentences in relation to the evolution of the convict.
      "Criminal constraint is enforceable by provision. » ;
      3° In the first paragraph of article 131-9, after the words "no with" are inserted the words "the penalty of criminal coercion or".
      II.- Effective January 1, 2017, in the first paragraph of section 131-4-1 of the Criminal Code, the words "of a duration of less than or equal to five years" are deleted.

      Rule 20 Learn more about this article...


      Within two years of the promulgation of this Act, the Government shall submit a report to the Parliament examining the possibility of punishing certain offences of a criminal constraint as a primary sentence, by deleting the sentence of imprisonment, and assessing the possible effects of such a change on convictions and its consequences on criminal proceedings.

      Article 21 Learn more about this article...


      In the first paragraph of articles 131-8 and 132-54 and in the first sentence of the first paragraph of section 132-57 of the Criminal Code, the words "two hundred and ten" are replaced by the words "two hundred and eighty".

      Article 22 Learn more about this article...


      The Code of Criminal Procedure is amended as follows:
      1° In the first sentence of the last paragraph of Article 474, after the word: "convicted" are inserted the words "to a criminal constraint,"
      2° After title I of book V, a title Ier bis is inserted as follows:


      « Title Ier BIS
      « DE LA CONTRAINE PÉNALE


      "Art. 713-42.-The Penitentiary Service for Inclusion and Probation assesses the personality and material, family and social situation of the person sentenced to criminal constraint.
      "At the end of this assessment, the service shall send a report to the judge of the enforcement of sentences containing proposals relating to the content and modalities for the implementation of the control and assistance measures, obligations and prohibitions referred to in section 131-4-1 of the Criminal Code.


      "Art. 713-43.-In the light of the report prepared by the Prison Service for Inclusion and Probation, the judge for the application of the penalties, when it has not been applied to the ninth paragraph of Article 131-4-1 of the Criminal Code, determines the obligations and prohibitions to which the convicted person is bound among those mentioned in the 1st to 3rd paragraph of the Criminal Code, as well as the measures of assistance he benefits. If pursuant to the ninth paragraph of the said article, the judge of enforcement of sentences may amend, delete or supplement the obligations and prohibitions decided by the court; it determines the aid measures that the convicted person receives.
      "The judge shall rule by reason of order, after written requisitions of the public prosecutor and after hearing the observations of the convict and, where applicable, his lawyer. If he plans to establish a convict with the obligation to perform a general interest work under 2° of the same article 131-4-1, he shall rule after the convict has been informed of his right to refuse to perform a work of general interest and after receiving his reply. He shall notify him of this order and give him knowledge of the provisions of articles 713-44,713-47 and 713-48 of this Code.
      "The decision of the sentencing judge shall be taken no later than four months after the conviction.


      "Art. 713-44. -The physical, family and social situation of the person is reassessed whenever necessary during the execution of the sentence, and at least once a year, by the prison service of insertion and probation and the judge of enforcement of the sentences.
      "In the light of each new assessment, the judge of enforcement of sentences may, as provided for in Article 712-8 and after hearing the convicted person's observations and, where applicable, his lawyer:
      « 1° Amend or supplement the obligations and prohibitions to which the convicted person is subjected;
      "2° Delete some of them.


      "Art. 713-45.-If the convict has complied with the measures, obligations and prohibitions imposed on him for at least one year, the reclassification of the convict appears to have been granted and no further follow-up is required, the judge of the application of the penalties may, by order issued in accordance with the terms set out in section 712-8, decide to put an early end to the penalty of criminal constraint.
      "In the absence of an agreement from the Public Prosecutor's Office, the judge of the application of the penalties may, by reason of a request, refer to the chair of the court or a judge by the judge designated by the judge, who shall adjudicate following a public adversarial debate under section 712-6. In the event of a refusal to this first application, another application may only be submitted one year after this refusal decision. The same is true of future requests.


      "Art. 713-46.-The time limit for the execution of the criminal constraint may be suspended by the judge for the application of the penalties in the event of the convict's incarceration, except where the last three paragraphs of Article 713-47 or Article 713-48 are applied.


      "Art. 713-47.-In the event of non-observance by the sentenced person of the control and assistance measures, obligations or prohibitions referred to in section 131-4-1 of the penal code imposed on him, the judge of the application of the penalties may, on his or her own motion or on the requisitions of the public prosecutor, in accordance with the terms provided for in Article 712-8 of this Code, amend or supplement the obligations or prohibitions to which the convicted person is sentenced. The enforcement judge may also issue a reminder of the measures, obligations and prohibitions to which the convicted person is subjected.
      "If the solution provided for in the first paragraph of this article is insufficient to ensure the effectiveness of the sentence, the judge shall, on his or her own motion or on the requisitions of the public prosecutor, have the President of the Court of Grand Instance or a judge by him or her appointed in order to enforce against the convicted person all or part of the imprisonment established by the court under the tenth paragraph of Article 131-4-1 of the Criminal Code. The President of the court or the judge by him or her appointed, who shall decide after a public adversarial debate in accordance with the provisions of Article 712-6 of this Code, shall determine the duration of imprisonment to be carried out, which shall not exceed that established by the court. The duration of this imprisonment is determined according to the personality and material, family and social situation of the convicted person, the gravity of the non-observance of the measures, obligations and prohibitions, as well as the period during which the criminal constraint was carried out and the obligations that have already been fulfilled or fulfilled. Where the conditions laid down in section 723-15 are met, the chair of the court or the judge by the court may decide that this imprisonment will be carried out under the semi-liberty, outside placement or electronic surveillance.
      "When applying the second paragraph of this article, the judge of the application of the penalties may, if he considers it necessary, order the provisional incarceration of the convict under the first two paragraphs of Article 712-19. In the absence of an adversarial debate before the president or the judge by him designated within fifteen days of the convict's incarceration, the convict shall be released if he is not detained for another cause.
      "In the course of enforcement of criminal constraint, the judge of enforcement of sentences may apply on several occasions to the second paragraph of this article, provided that the total duration of ordered imprisonment does not exceed that established by the court under the tenth paragraph of Article 131-4-1 of the Criminal Code. If the duration of the orderly imprisonment is equal to that term or, if any, in the event of previous orderly imprisonment, the decision of the president or judge by the designated judge shall terminate the criminal constraint.


      "Art. 713-48.-If the convicted person commits, during the period of execution of the criminal constraint, a crime or offence of common law followed by a sentence of a custodial sentence, the court of judgment may, after the judgment of the judge of the application of the penalties, order the enforcement of all or part of the imprisonment established by the court under the tenth paragraph of Article 131-4-1 of the Criminal Code. »

      Article 23 Learn more about this article...


      At the beginning of section 20-4 of Order No. 45-174 of 2 February 1945 on child offenders, the words "Criminal coercion" are added.

  • Part II: PROVISIONS AGAINST THE ERPEM OF PEACE EXECUTIVES AND TO STRENGTHEN FOLLOW-UP AND CONTROL OF PERSONS
    • Chapter I: Principles for the Enforcement of Penalties Article 24 Learn more about this article...


      I.-Article 707 of the Code of Criminal Procedure is amended as follows:
      1° At the beginning of the first paragraph, the mention is added: "I.-";
      2° The second and third preambular paragraphs are replaced by II to IV as follows:
      "II.-The enforcement of custodial and restrictive sentences is intended to prepare for the insertion or reintegration of the sentenced person in order to enable him to act in person responsible, respectful of the rules and interests of society and to avoid the commission of new offences.
      "This regime is adapted as a result of the execution of the sentence, depending on the evolution of the personality and material, family and social situation of the sentenced person, who are subject to regular evaluations.
      "III.-Any person convicted in prison in the execution of a custodial sentence shall be granted, whenever possible, a gradual return to liberty taking into account the material conditions of detention and the rate of occupancy of the penitentiary institution, within the framework of a measure of semi-freedom, outside placement, electronic supervision, conditional release or coercive release, in order to avoid any judicial release
      "IV.- During the execution of the sentence, the victim is entitled to:
      « 1° To seize the judicial authority with any infringement of its interests;
      « 2° To obtain compensation for his or her injury, by compensation for him or by any other suitable means, including, where appropriate, by proposing a restorative measure of justice;
      « 3° To be informed, if desired, of the termination of the execution of a custodial sentence, in the cases and conditions provided for in this Code;
      « 4° When taking into account, if necessary, the need to guarantee its tranquility and safety.
      "The judicial authority is obliged to guarantee all these rights throughout the execution of the sentence, regardless of the terms and conditions. » ;
      3° The last paragraph is deleted.
      II.-After article 707-4 of the same code, an article 707-5 is inserted as follows:


      "Art. 707-5.-In the event of the issuance of a warrant for filing or arrest, custodial sentences may be immediately arranged, under the conditions set out in this Code, without waiting for the conviction to be enforceable under section 707, subject to the suspensive appeal of the Public Prosecutor's Office under section 712-14. »
      III.-The preliminary title of Act No. 2009-1436 of 24 November 2009 is repealed.

      Rule 25 Learn more about this article...


      I.-After article 708 of the Code of Criminal Procedure, an article 708-1 is inserted as follows:


      "Art. 708-1.-Where a sentence of imprisonment for a woman who is pregnant for more than 12 weeks is to be enforced, the prosecutor of the Republic or the judge of the application of sentences shall endeavour by any means to defer the execution or to ensure that the sentence is carried out in an open environment. »
      II.-Article 720-1 of the same code is supplemented by a paragraph as follows:
      "The two-year threshold referred to in the first paragraph shall be increased to four years when the suspension for family reasons applies either to a convicted person exercising parental authority over a child under the age of ten who has his or her habitual residence with that parent, or to a pregnant woman over twelve weeks. »
      III.-The second sentence of the second paragraph of Article 723-1 and the second paragraph of Article 723-7 of the Code is supplemented by the words: "or one year before the date on which the conditional release provided for in Article 729-3 is possible".
      IV.-The first paragraph of section 729-3 of the same code is supplemented by the words: "or when it is a pregnant woman over twelve weeks".

      Rule 26 Learn more about this article...


      After the title XIV bis of Book IV of the same code, a title XIV quater is inserted as follows:


      « Title XIV QUATER
      « DU BUREAU D'AIDE aux VICTIMES


      "Art. 706-15-4.-In each large-instance court, a victim assistance office is established, whose composition, missions and operating procedures are specified by decree. »

      Rule 27 Learn more about this article...


      I.-Article 728-1 of the same code is amended as follows:
      1° At the beginning of the first paragraph, the mention is added: "I.-";
      2° It is added a II as follows:
      "II.-Where the perpetrator of the offence has been sentenced to payment of damages and the share of the monetary values assigned to the compensation of the civil parties under the first paragraph of I has not been claimed, these values are, when they are greater than an amount fixed by decree and subject to the rights of the creditors of food, paid to the guarantee fund of the victims of the acts of terrorism and »
      II.- Article L. 422-1 of the Insurance Code is supplemented by a paragraph to read as follows:
      "The fund is also financed by payments provided for in II of Article 728-1 of the Code of Criminal Procedure. When these payments are made, the victim is then directly compensated by the fund to the extent, if any, of the payments made and, to the extent of such payments, the penultimate paragraph of this section is not applicable. »

      Rule 28 Learn more about this article...


      The first paragraph of Article 710 of the Code of Criminal Procedure is supplemented by a sentence as follows:
      "For the examination of these requests, it takes into account the behaviour of the sentenced person since the conviction, his personality, and his material, family and social situation. »

      Rule 29 Learn more about this article...


      I.-After article 747-1-1 of the same code, an article 747-1-2 is inserted as follows:


      "Art. 747-1-2.-The judge of the application of sentences may, on his or her own motion, at the request of the person concerned or upon requisitions of the public prosecutor, order by reason of a decision to replace a suspended sentence of days with the obligation to perform work of general interest. This decision is made after a conflicting debate, in accordance with Article 712-6 of this Code. The substitution is not possible if the convicted person refuses it or is not present at the hearing. In the case provided for in this paragraph, the term of imprisonment shall not exceed that which would be caused by the failure to perform the fine-day sentence, as determined under the first sentence of the second paragraph of Article 131-25 of the Criminal Code.
      "By derogation from the second paragraph of Article 131-25, the substitution decision may also take place in the event of a total or partial default of the payment of the amount due to the expiry of the period corresponding to the number of fine days pronounced. »
      II.-At the beginning of the first sentence of the second paragraph of Article 131-25 of the Criminal Code, the words are added: " Subject to the second paragraph of Article 747-1-2 of the Code of Criminal Procedure,".

    • Chapter II: Provisions relating to the care of convicted persons Rule 30 Learn more about this article...


      Act No. 2009-1436 of 24 November 2009 above is amended as follows:
      1° After Article 2, an article 2-1 is inserted as follows:


      "Art. 2-1.-The prison public service is provided by the prison administration under the authority of the seal guard, Minister of Justice, with the assistance of other State departments, territorial authorities, associations and other public or private persons.
      “Each of these authorities and persons shall ensure, with regard to it, that convicted persons have access to the rights and mechanisms of common law that facilitate their integration or reintegration.
      "Conventions between the penitentiary administration and other state services, territorial authorities, associations and other public or private individuals define the conditions and conditions for access of persons convicted of the rights and devices mentioned in the second paragraph in detention.
      "These conventions are associated with specific objectives, defined according to the purpose of general interest referred to in the same second paragraph, as well as expected results, and subject to regular evaluation. » ;


      2° The first paragraph of Article 3 is deleted;
      3° In the second paragraph of Article 11, the reference: "of the second paragraph" is deleted;
      4° In the fourth paragraph of section 99, the reference "3" is replaced by the reference "2-1".

      Rule 31 Learn more about this article...


      Article 30 of Act No. 2009-1436 of 24 November 2009 referred to above is amended as follows:
      1° 2° is thus written:
      « 2° To claim for the benefit of the rights mentioned in the articles L. 121-1 and L. 264-1 the code of social action and families, where they do not have a home or a personal home at the time of their incarceration or cannot justify it; »
      2° It is added a paragraph to read:
      "In order to facilitate their outward preparation procedures, detained persons may also proceed to the election of domicile referred to in Article L. 264-1 of the same code either to the communal or intercommunal centre of social action, or to the approved agency for that purpose, the nearest to the place where they are looking for an activity for their integration or reintegration or the closest to the location of a health or medico-social institution. »

    • Chapter III: Provisions relating to prison public service missions in the monitoring and control of convicted persons Rule 32 Learn more about this article...


      The first paragraph of Article 712-1 of the Code of Criminal Procedure is supplemented by two sentences as follows:
      "These courts are notified, through the services of insertion and probation, of the modalities for the care of persons convicted, defined and implemented by these services. They may make the amendments they consider necessary to strengthen the enforcement of the sentence. »

      Rule 33 Learn more about this article...


      The second paragraph of Article 13 of Law No. 2009-1436 of 24 November 2009 above is supplemented by a sentence as follows:
      "They conduct a regular assessment of the material, family and social situation of convicted persons and define, in the light of these assessments, the content and modalities of their care. »

    • Chapter IV: Provisions to strengthen the powers of the police and gendarmerie in the event of a violation of their obligations by a person in the hands of justice Rule 34 Learn more about this article...


      I.-The Code of Criminal Procedure is amended as follows:
      1° Section 141-4 is amended as follows:
      (a) In the first sentence of the first paragraph, the reference: "9°" is replaced by the references: "1°, 2°, 3°, 8°, 9°, 14°";
      (b) The third preambular paragraph is replaced by six preambular paragraphs:
      "The detained person shall be immediately informed by the judicial police officer or, under the supervision of the officer, by a judicial police officer in a language that he understands, of the maximum duration of the measure, of the nature of the obligations that he is suspected of having violated and of the fact that he or she benefits:
      « 1° The right to prevent a close person and his employer and, if he is a foreign national, the consular authorities of the State of which he is a national, in accordance with Article 63-2;
      « 2° The right to be examined by a doctor in accordance with section 63-3;
      « 3° The right to be assisted by a lawyer in accordance with articles 63-3-1 to 63-4-3;
      « 4° If applicable, the right to be assisted by an interpreter;
      « 5° From the right, during the hearings, after having declined his identity, to make statements, to answer questions posed to him or to silence. » ;
      (c) The fifth preambular paragraph is replaced by three sub-items:
      "Retention is carried out in conditions ensuring respect for the dignity of the person. Only the detainee may be imposed the strictly necessary security measures.
      "The detainee may not be subject to internal bodily investigations during his detention by the police service or by the gendarmerie unit.
      "Section 64 is applicable to this restraint measure. » ;
      (d) It is added a paragraph to read:
      "This section is also applicable to persons under house arrest with electronic surveillance. » ;
      2° After the same article 141-4, an article 141-5 is inserted as follows:


      "Art. 141-5.-The police and gendarmerie units may, in accordance with the terms set out in sections 56 to 58 and during the hours provided for in section 59, and after having obtained the consent of the examining magistrate or on the instruction of that magistrate, carry out a search at a person who, under judicial control or under house arrest with electronic surveillance, is subject to the prohibition of holding a serious weapon, where there are signs or
      "If weapons are discovered, they are seized and sealed. » ;
      3° Article 230-19 is amended as follows:
      (a) At 2°, the reference: "and 14°" is replaced by the references: ", 14° and 17°";
      (b) The 7th is repealed;
      (c) At 8°, the words: "a condition with probation in accordance with the provisions of 5°" are replaced by the words: "a criminal constraint, a conditional stay with probation, a socio-judicial follow-up, a conditional release, a semi-liberty, an outward placement, an electronic supervision, a security supervision or a supervision"
      (d) At 9°, the reference: "and 4°" is replaced by the references: ", 4° and 11°";
      (e) The 11th is repealed;
      4° After section 709, insert items 709-1-1 to 709-1-3 as follows:


      "Art. 709-1-1.-Police services and gendarmerie units may, either on their own motion or on the instruction of the public prosecutor or the enforcement judge, apprehend any convicted person for whom the person has been enforced second paragraph of section 131-9 or second paragraph of section 131-11 of the Criminal Code or placed under the supervision of the judge of the enforcement of sentences and against which there is one or more plausible reasons to suspect that she has not complied with her obligations under her conviction. The person may, by a decision of a judicial police officer, be detained no more than 24 hours in a police or gendarmerie premises, in order to verify his or her situation and be heard on the violation of his or her obligations.
      "From the beginning of the deduction measure, the judicial police officer shall inform the prosecutor of the Republic or the judge of the application of the penalties.
      "The detained person shall be immediately informed by the judicial police officer or, under the supervision of the officer, by a judicial police officer in a language that he understands, of the maximum duration of the measure, of the nature of the obligations that he is suspected of having violated and of the fact that he or she benefits:
      « 1° The right to prevent a close person and his employer and, if he is a foreign national, the consular authorities of the State of which he is a national, in accordance with Article 63-2;
      « 2° The right to be examined by a doctor in accordance with section 63-3;
      « 3° The right to be assisted by a lawyer in accordance with articles 63-3-1 to 63-4-3;
      « 4° If applicable, the right to be assisted by an interpreter;
      « 5° From the right, during the hearings, after having declined his identity, to make statements, to answer questions posed to him or to silence.
      "Retention is carried out in conditions ensuring respect for the dignity of the person. Only the detainee may be imposed the strictly necessary security measures.
      "The detainee may not be subject to internal bodily investigations during the deduction by the police service or the gendarmerie unit.
      "If the person is placed under the supervision of the judge of the application of the penalties, the powers conferred on the public prosecutor by sections 63-2 and 63-3 shall be exercised by the judge or, in the event of an incapacity of that judge, by the public prosecutor.
      "Section 64 is applicable to this restraint measure.
      "At the end of the measure of detention, the prosecutor of the Republic or the judge of the application of the penalties may order the person to be brought before the judge of the application of the penalties under the conditions set out in sections 803-2 and 803-3, if any, to order his or her provisional incarceration.
      "The prosecutor of the Republic or the judge of the application of the penalties may also, each for the measures to which he or she is charged, request an officer or a judicial police officer to notify the person that he or she is summoned before him at a later date, and then terminate the person's detention.


      "Art. 709-1-2.-The police and gendarmerie units may, in accordance with the terms set out in Articles 56 to 58 and during the hours provided for in Article 59, and after having obtained the consent of the prosecutor of the Republic or the judge of the application of the penalties or on the instruction of one of these magistrates, carry out a search at a convicted person who, because of his conviction, is subject to the prohibition of detention
      "If weapons are discovered, they are seized and sealed.


      "Art. 709-1-3.- Where there are one or more plausible reasons to suspect that, following his or her incarceration, a convicted person has not complied with the prohibition made to him or her, pursuant to his conviction, to enter into contact with certain persons or categories of persons, to attend certain convicted persons or to appear in a place, a category of place or a specially designated area, second paragraph of section 131-9 or second paragraph of section 131-11 of the Criminal Codethe judge of the enforcement of sentences, seized to that end by the prosecutor of the Republic, shall proceed, throughout the national territory, if these measures are necessary to report evidence of the violation of the prohibitions resulting from the conviction:
      « 1° For a crime or offence referred to in the first paragraph of section 100 of this Code, the interception, recording and transcription of communications correspondence, as provided for in section 3, subsection 2, of chapter I, title III, of Book I;
      « 2° For a crime or offence mentioned in 1° and 2° of Article 230-32, at the real-time location of a person, without the knowledge of the person, of a vehicle or of any other object, without the consent of the owner or owner, in accordance with the terms set out in Chapter V of Title IV of Book I. » ;
      5° Section 712-16-3 is repealed;
      6° In the last paragraph of Article 63-6 and in the second sentence of the last paragraph of Article 706-53-19, the reference: "712-16-3" is replaced by the reference: "709-1-1";
      7° The first sentence of Article 803-2 is amended as follows:
      (a) After the words: "custody," the words "or his restraint" are inserted;
      (b) After the word: "Republic" are inserted the words: "or the judge of the application of sentences";
      8° In the first paragraph of Article 803-3, after the words: "custody", the words "or restraint" are inserted.
      II.-In the first paragraph of section 64-1 of Act No. 91-647 of 10 July 1991 on legal aid, after the words: "custodial custody" are inserted the words: ", restraint or retention".

      Rule 35 Learn more about this article...


      After Article 41-1 of the Code of Criminal Procedure, an article 41-1-1 is inserted as follows:


      "Art. 41-1-1.-I.-The judicial police officer may, as long as the public action has not been initiated and on the authorization of the public prosecutor, transfer with the natural persons and legal persons on the prosecution:
      « 1° Contraventions provided by the Criminal code, with the exception of the contraventions of the first four classes for which the public action is extinguished by the payment of a lump sum fine under section 529;
      « 2° Crimes provided by the Criminal code and punished with fine;
      « 3° Offences provided for in the same code and punished not more than one year's imprisonment, except for the offence of contempt provided for in the second paragraph of section 433-5 of that Code;
      « 4° From the offence provided for in article 311-3 of the same code, when the value of the stolen thing is less than a threshold fixed by decree;
      « 5° From the crime to the crimeArticle L. 3421-1 of the Public Health Code ;
      « 6° Crime first paragraph of Article L. 126-3 of the Construction and Housing Code.
      "When the prosecutor of the Republic authorizes the use of the transaction under this section, the judicial police officer may submit the perpetrator of the offence, taking into account his or her resources and charges, to the obligation to record a sum of money, in order to guarantee the payment of the fine referred to in 1° of II or, where applicable, of the fine imposed in the event of prosecution and conviction under the conditions specified in 1° of II.
      "The transaction authorized by the prosecutor of the Republic, proposed by the judicial police officer and accepted by the perpetrator of the offence shall be approved by the president of the court of large instance or by a judge appointed by him, after hearing, if any, the perpetrator of the offence assisted, if any, by his lawyer.
      "II.-The proposed transaction is determined on the basis of the circumstances and gravity of the offence, the personality and material, family and social situation of the perpetrator, as well as his resources and expenses. It fixes:
      « 1° The transactional fine due by the perpetrator of the offence and the amount of which cannot exceed one third of the amount of the fine incurred;
      « 2° Where applicable, the obligation of the offender to repair the damage resulting from the offence;
      « 3° Time limits for payment and, if applicable, the fulfilment of the obligation to repair the damage.
      "III.-The act by which the President of the Court of Grand Instance or the judge by him appointed the proposal for a transaction is interrupted by the limitation of public action.
      "Public action is extinguished when the perpetrator of the offence has performed within the time limit the full obligations resulting from the acceptance of the transaction.
      "In the event of non-performance of all obligations within the specified time limits or refusal of registration, the Attorney General of the Republic, except as a new element, shall implement the measures provided for in Article 41-1 or a criminal composition, or initiate proceedings.
      "IV.-The operations carried out by the judicial police officer pursuant to I and II of this article are reported in a single record.
      "V.-The terms and conditions for the application of this article are set by decree in the Council of State. »

      Rule 36 Learn more about this article...


      The internal security code is thus modified:
      1° The second paragraph of Article L. 132-5 is replaced by two paragraphs as follows:
      "At the request of the judicial authority, these groups may address issues related to enforcement of sentences and prevention of recidivism.
      "Privacy information may be exchanged within these groups. They cannot be communicated to third parties. » ;
      2° Section 2 of chapter II of title III of Book I is amended as follows:
      (a) In the title, after the word "State", the words "and the prosecutor of the Republic" are inserted;
      (b) An article L. 132-10-1 is added as follows:


      "Art. L. 132-10-1.-I.- Within the Departmental Council for the Prevention of Crime and, where appropriate, the priority security zone, the Security Staff and the Operational Coordination Unit of the Internal Security Forces are responsible for the animating and coordinating, on their territory, the actions carried out by the prison administration, other State departments, territorial authorities, associations and other public or private individuals, in order to promote recidivism,
      "As part of their duties, the security staff and the operational coordination unit of the internal security forces:
      « 1° Are informed by the prosecutor of the Republic, at least once a year, of the criminal policy implemented in their territory;
      « 2° Review and advise on the conditions for the implementation of the measures set out inArticle 41-1 of the Code of Criminal Procedure ;
      « 3° Organize the procedures for the monitoring and control in an open environment, by the public or private services and persons mentioned in the first paragraph of this I, of persons sentenced out of detention, designated by the judicial authority in the light of their personality, material, family and social situation, as well as the circumstances of the commission of the facts;
      « 4° Regularly inform the courts of the application of sentences and the prison service of the conditions for the implementation, within the jurisdiction, of the monitoring and control of persons designated under 3° of this I and may be transmitted by these same courts and the same department any information that they consider useful to the proper conduct of the monitoring and control of such persons.
      "II.- Confidential information exchanged under I of this Article shall not be communicated to third parties.
      "The exchange of information shall be carried out in accordance with the rules of procedure established by the departmental council for the prevention of crime on the proposal of the members of the working groups referred to in the first paragraph.
      "III.-The terms and conditions for the application of this article are set by decree in the Council of State. » ;
      3° After the second sentence of the first paragraph of Article L. 132-12-1, three sentences are inserted as follows:
      "At the request of the judicial authority, these groups may address issues related to enforcement of sentences and prevention of recidivism. Confidential information may be exchanged within these groups. They cannot be communicated to third parties. » ;
      4° The second sentence of the second paragraph of Article L. 132-13 is replaced by three sentences as follows:
      "At the request of the judicial authority, these groups may address issues related to enforcement of sentences and prevention of recidivism. Confidential information may be exchanged within these groups. They cannot be communicated to third parties. »

      Rule 37 Learn more about this article...


      Chapter II of Book I, title III, of the Internal Security Code is supplemented by a section 6, as follows:


      “Section 6
      "Information from Members of Parliament and Senators


      "Art. L. 132-16.-Deputies and senators are informed, at their request, by the President of the Local Council for Security and Prevention of Crime or, where appropriate, by the Intercommunal or Metropolitan Council for Security and Prevention of Crime, constituted in the electoral district in which they were elected, of the holding and purpose of the meetings of these bodies.
      "They can attend the meetings of these bodies and be consulted by them on any issue concerning the prevention of crime. »

      Rule 38 Learn more about this article...


      At the end of the fourth paragraph of section 5 of Act No. 2007-297 of 5 March 2007 on the prevention of delinquency, the words: "general work for convicted persons" are replaced by the words: "general work of interest for convicted persons, or actions of insertion or reintegration or actions of prevention of recidivism for persons placed in the hands of justice".

    • Chapter V: Provisions for the return to controlled, monitored and progressive liberty of convicted persons Rule 39 Learn more about this article...


      I.-After section 1 of chapter II of Book V, title II, of the Code of Criminal Procedure, is inserted a section 1 bis as follows:


      “Section 1 bis
      “From forced release


      "Art. 720.-When the term of the sentence is at least twice the length of the remaining sentence, the situation of the sentenced person performing one or more custodial sentences of a total duration of less than or equal to five years shall be examined by the judge of the application of the sentences.
      "At the end of this review in the enforcement of sentences, the judge of the application of the sentences decides, by a reasoned order, to issue a coercive release measure, in accordance with the requirements set out in section 707, i.e., if the judge considers that such a measure is not possible or if the convicted person has not made prior notice of his or her agreement, not to pronounce it. He or she may order the appearance of the convicted person before the enforcement committee to hear his or her observations and, where applicable, his or her lawyer. The court may also provide written comments to the judge of enforcement of sentences.
      "Constraint release leads to the execution of the relic of sentence under the regime, according to the decision of the judge of enforcement of sentences, semi-liberation, placement outside, electronic supervision or parole. The consequences of non-compliance with these measures are those provided for in this Code.
      "If no review is made of the situation of the sentenced person in accordance with the provisions of the first paragraph of this article, the President of the Appeal Court's Enforcement Chamber may, ex officio or on referral of the convicted person or the Attorney General of the Republic, issue a coercive release measure under the conditions provided for in the second paragraph. »
      II.-Section 712-11 of the same code is amended as follows:
      1° At the end of 1°, the reference: "and 712-8" is replaced by the references: ", 712-8,713-43 and 713-44, the first paragraph of Article 713-47 and Article 720";
      2° At the end of 2°, the reference: "and 712-7" is replaced by the references: ", 712-7 and 713-45 and the second paragraph of Article 713-47".
      III.-A Article 712-12 of the same code, the references: "to Articles 712-5 and 712-8" are replaced by the reference: "at 1° of Article 712-11".

      Rule 40 Learn more about this article...


      The last paragraph of Article 712-5 of the Code of Criminal Procedure is supplemented by a sentence as follows:
      "The prison service for insertion and probation is represented there. »

      Rule 41 Learn more about this article...


      Article 723-4 of the same code is supplemented by a sentence as follows:
      "The convicted person may also benefit from the assistance measures provided for in section 132-46 of the same code. »

      Rule 42 Learn more about this article...


      After article 730-2 of the same code, an article 730-3 is inserted as follows:


      "Art. 730-3.-Where the duration of the sentence is at least twice the length of the sentence remaining to be imposed, the situation of the sentenced person performing one or more custodial sentences of more than five years is examined by the judge or the court of enforcement of sentences on the occasion of a conflicting debate held in accordance with the terms set out in Articles 712-6 or 712 If the person has been sentenced to life imprisonment, this debate may not take place before the end of the trial period or before that of the security period.
      "The judge or court of enforcement of sentences is not required to examine the situation of the person who had previously informed that he refused any parole action. A decree sets the conditions for the application of this paragraph.
      "If there is no adversarial debate under the conditions set out in the first paragraph of this article, the Appeal Court's enforcement chamber may, on its own motion or on the referral of the convicted person or the Public Prosecutor, hold this debate. »

      Rule 43 Learn more about this article...


      In the first sentence of the penultimate paragraph of article 730-2 of the same code, after the word "semi-liberty" are inserted the words ", outward placement".

      Rule 44 Learn more about this article...


      Article 721-2 of the same code is as follows:


      "Art. 721-2.-I.-When a person convicted of a sentence of one or more custodial sentences has been unable to receive a coercive release or parole under the conditions set out in sections 720 and 730-3, the judge of the application of the sentences may, for the sole purpose of promoting the insertion or reintegration of the sentenced person, and to prevent the commission of new offences, order
      « 1° Control measures planned for theArticle 132-44 of the Criminal Code ;
      « 2° Prohibitions under 2° and 7° to 14° of Article 132-45 of the same code.
      "The convicted person may also benefit, during this period, from the assistance measures provided for in section 132-46 of the said Code.
      "This decision shall be taken, in accordance with the terms set out in Article 712-6 of this Code, prior to the release of the convicted person, where applicable at the same time as the last penalty reduction is granted.
      "In the event of non-observance by the convicted person of the control measures and prohibitions imposed on him or her, the judge of the application of the penalties may, in accordance with the terms set out in section 712-6, remove all or part of the duration of the reductions of the penalties that he or she has received and order his or her reincarceration. Section 712-17 is applicable.
      "This I is not applicable to convicted persons referred to in Article 723-29.
      "II.-In all cases, the enforcement judge may, in accordance with the terms set out in section 712-6, order that the convicted person who has received one or more of the reductions in penalties set out in sections 721 and 721-1 be subjected after his release to the prohibition of receiving the civil party or the victim, meeting him or her or her in any way, for a period that may not exceed the penalty. This decision is made prior to the release of the convicted person, if any at the same time as the latter is granted.
      "The prohibition referred to in the first paragraph of this II may be accompanied by the obligation to compensate the civil party.
      "In the event of non-compliance by the convicted person with the obligations and prohibitions imposed on him or her, the judge of the application of the penalties may, in accordance with the terms and conditions set out in section 712-6, withdraw all or part of the duration of the reductions in penalties that were granted to him or her and order his or her reincarceration. Section 712-17 is applicable. »

      Rule 45 Learn more about this article...


      In the third paragraph of Article 730 of the same Code, after the words "this article" are inserted the words "and without prejudice to Articles 720 and 730-3".

      Rule 46 Learn more about this article...


      The same code is amended:
      1° The second paragraph of Article 712-4 is deleted;
      2° Chapter II of Book V title II is amended as follows:
      (a) Section 723-14 is repealed;
      (b) Section 7, paragraph 2, is repealed;
      (c) Section 8 is repealed;
      3° Section 934-2 is repealed;
      4° In section 934-1, the references: "Articles 723-15,723-24 and 723-27" are replaced by the reference: "Article 723-15".

      Rule 47 Learn more about this article...


      After the word: "appeal", the end of the second sentence of the penultimate paragraph of section 712-17 of the same code is as follows: ", as the case may be, before the judge of the application of sentences, who must intervene within a maximum period of eight days, or before the court of enforcement of sentences, who must intervene within a maximum period of one month. »

      Rule 48 Learn more about this article...


      At the end of the first sentence of the first paragraph of Article 712-21 of the same Code, the words: "convicted for an offence for which socio-judicial follow-up is pending" are replaced by the words: "who was sentenced to socio-judicial follow-up".

    • Chapter VI: Provisions to Make a Contribution to Victim Assistance Rule 49 Learn more about this article...


      [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-696 DC of 7 August 2014. ]

  • Title III: REQUEST FOR MEDIUM MOTIF Rule 50 Learn more about this article...


    After Article 147 of the Code of Criminal Procedure, an article 147-1 is inserted as follows:


    "Art. 147-1.-In all matters and at all stages of the proceedings, except where there is a serious risk of renewal of the offence, the release of a person placed in pre-trial detention may be ordered, ex officio or at the request of the person concerned, where a medical expert determines that the person is suffering from a pathology involving the vital prognosis or that his or her state of physical or mental health is incompatible. The release of persons detained in psychiatric care without their consent cannot be ordered under this article.
    "In the event of an emergency, release may be ordered on the basis of a medical certificate established by the doctor responsible for the health structure in which the person is taken care of or by the replacement of the doctor.
    "The decision to release may be accompanied by a placement under judicial review or a house arrest with electronic surveillance.
    "The evolution of the state of health of the person may constitute a new element in which the person is subject to a new pre-trial detention decision, in accordance with the terms and conditions set out in this Code, as long as the conditions of that measure under section 144 are met. »

    Rule 51 Learn more about this article...


    I.-Section 720-1-1 of the same code is amended as follows:
    1° The first paragraph is amended to read:
    (a) After the words: "health condition", the words "physical or mental" are inserted;
    (b) After the word: "detention", the end is thus written: ". The suspension may not be ordered under this section for persons detained in psychiatric care without their consent. » ;
    2° The second paragraph is amended to read:
    (a) In the first sentence, the words: "two distinct medical expertise establish in a consistent manner" are replaced by the words: "medical expertise establishes";
    (b) In the second sentence, the words: "when the vital prognosis is engaged" are deleted;
    3° In the third paragraph, after the second occurrence of the word: "sented," the words are inserted: "in case of emergency or when";
    4° After the fourth preambular paragraph, a sub-item reads as follows:
    “In the cases provided for in the third and fourth paragraphs of this article, the convicted person may be regularly represented by his or her lawyer when his or her state of health hinders his or her hearing; the conflicting debate was then held in the High Court. »
    II.-Section 729 of the same code is supplemented by a paragraph as follows:
    "When the convicted person has a suspended sentence on the basis of Article 720-1-1, conditional release may be granted without condition as to the duration of the sentence if, after a period of three years after the award of the suspension measure, a new expertise determines that the condition of physical or mental health is always incompatible with the retention in custody and if the convicted person warrants appropriate care. »

  • Part IV: OTHER PROVISIONS Rule 52 Learn more about this article...


    After the 5th of Article 131-6 of the Penal Code, it is inserted a 5° bis as follows:
    « 5° bis The prohibition, for a period of not more than five years, of driving a vehicle that is not equipped, by an approved professional or by construction, with an approved anti-starting device by electronic ethylotest. When this prohibition is imposed at the same time as the penalty for the cancellation or suspension of the driver's licence, it applies, for the period fixed by the court, after the execution of this sentence; "

    Rule 53 Learn more about this article...


    When a simple stay has been revoked by a sentence passed prior to the coming into force of this Act, theArticle 735 of the Code of Criminal Procedure, in its writing before that resulting from Article 8 II of this Act, remains applicable until the penalty resulting from the revocation has been fully reduced to enforcement.
    However, where a jurisdiction of enforcement of sentences is seized of the granting of one of the measures provided for in sections 712-6 and 712-7 of the same code, it is competent to rule on the application for a waiver of the simple stay. It shall then rule under the conditions laid down in article 712-6.

    Rule 54 Learn more about this article...


    I. - Except as provided in II of this section, this Act comes into force on 1 October 2014.
    II. - Articles 8, 13, 15, 39, 42, 45, 46 [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-696 DC of 7 August 2014.] of this Act come into force on 1 January 2015.
    III. - The ones. provisions of Article 721 of the Code of Criminal Procedure, in its writing resulting from section 13 of this Act, only applies in respect of the convictions that are being executed on the date of their entry into force to the annual and monthly portions of the remaining sentence to be executed.
    IV. - Sections 720 and 730-3 of the same Code, in their drafting pursuant to sections 39 and 42 of this Act, shall be implemented, within one year, for convicts who, at the time of their entry into force, have already completed at least twice the length of the remaining sentence.

    Rule 55 Learn more about this article...


    I.-Articles 1 to 29, Articles 31,32 and 33, Article 34 I, Articles 35,38 to 48 [Dispositions declared non-conforming by the Constitutional Council Decision No. 2014-696 DC of 7 August 2014] and Articles 50 to 54 are applicable to the Wallis and Futuna Islands, French Polynesia and New Caledonia.
    II.-Article 30, Article 34 II and Article 37 are applicable in French Polynesia.
    III.-Articles 30 and 37 are applicable in New Caledonia.
    IV.-The internal security code is amended as follows:
    1° The 3rd of Article L. 155-1 is supplemented by the reference: "and L. 132-16";
    2° Article L. 155-2 is supplemented by a 9° as follows:
    « 9° In article L. 132-16, the words “or, if any, of the inter-communal or metropolitan council of security and prevention of crime” are deleted. » ;
    3° At 3° of Article L. 156-1, the reference: "and L. 132-14" is replaced by the references: ", L. 132-14 and L. 132-16";
    4° Article L. 156-2 is supplemented by an 11° as follows:
    « 11° In article L. 132-16, the words “or, if any, of the inter-communal or metropolitan council of security and prevention of crime” are deleted. »
    V.-Section 99 of Act No. 2009-1436 of 24 November 2009 referred to above is amended as follows:
    1° At 2° of I, the reference: "Article 3" is replaced by the references: "Articles 2-1 and 3";
    2° In II, the reference: "3" is replaced by the reference: "2-1";
    3° After II, it is inserted a II bis as follows:
    "II bis.-For the purposes of Article 2-1 in New Caledonia and French Polynesia, the third paragraph is as follows:
    “ “ Conventions between the penitentiary administration and other state services, municipalities, associations and other public or private individuals define the conditions and conditions for access of persons convicted of the rights and devices mentioned in the second paragraph in detention. Other territorial authorities may participate in the conclusion of these conventions. “”
    4° The VII is thus amended:
    (a) At the end of the first paragraph, the words "of Article 30 is so written" are replaced by the words "and the last paragraph of Article 30 is so written";
    (b) In the second paragraph, after the word: "not", are inserted the words: "from an emergency home or";
    (c) It is added a paragraph to read:
    “ “ In order to facilitate their outward preparation procedures, detained persons may also make the election of domicile necessary for their access to social assistance benefits and the exercise of their rights under the local applicable regulations, either at the municipal or inter-communal centre of social action, or at the registered agency for this purpose, the nearest place where they are looking for an activity for their integration or reintegration or the nearest place of social welfare “”
    VI.-A Article 2 of Order No. 92-1147 of 12 October 1992 on legal aid in criminal matters in New Caledonia and in the Wallis and Futuna Islands, after the word: "convicted" are inserted the words: "or retained within the meaning of the articles 141-4 and 709-1-1 of the Code of Criminal Procedure".
    VII.-[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2014-696 DC of 7 August 2014. ]

    Rule 56 Learn more about this article...


    Within two years of the promulgation of this Act, the Government shall submit to Parliament a report on its evaluation, in particular on the implementation of criminal coercion.


    This law will be enforced as a law of the State.


Done in Toulon, August 15, 2014.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


The Seal Guard, Minister of Justice,

Christiane Taubira


The Minister of the Interior,

Bernard Cazeneuve


Minister of Overseas,

George Pau-Langevin

(1) Act No. 2014-896. - Preparatory work: National Assembly: Bill No. 1413; Report of Mr. Dominique Raimbourg, on behalf of the Law Commission, No. 1974; Discussion on June 3, 4 and 5, 2014 and adoption, after an accelerated procedure, on June 10, 2014 (TA No. 348). Senate: Bill, passed by the National Assembly after the Accelerated Procedure, No. 596 (2013-2014); Report of Mr. Jean-Pierre Michel, on behalf of the Law Commission, No. 641 (2013-2014); Text of Commission No. 643 (2013-2014); Discussion on June 24, 25 and 26, 2014 and adoption on June 26, 2014 (TA n° 148, 2013-2014). National Assembly: Bill, amended by the Senate, No. 2101; Report of Mr. Fabrice Verdier, on behalf of the joint parity commission, No. 2102; Discussion and adoption on 16 July 2014 (TA No. 382). Senate: Report of Mr. Jean-Pierre Michel, on behalf of the Joint Parity Commission, No. 690 (2013-2014); Text of Commission No. 691 (2013-2014); Discussion and adoption on July 17, 2014 (TA No. 158, 2013-2014). - Constitutional Council: Decision No. 2014-696 DC of 7 August 2014 published in the Official Gazette of this day.
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