Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted,
Vu la Constitutional Council decision No. 2015-719 DC of 13 August 2015 ;
The President of the Republic enacts the following legislation:
Chapter II of Book IV, title X, of the Code of Criminal Procedure is supplemented by section 8, as follows:
“Section 8
"From the prevention and resolution of conflicts in the exercise of jurisdiction under the framework decision of the Council of the European Union of 30 November 2009
"Art. 695-9-54.-For the application of Council Framework Decision 2009/948/ JAI of 30 November 2009 on the prevention and resolution of conflicts in the exercise of jurisdiction in criminal proceedings, when criminal proceedings parallel, conducted in several Member States, and subject to the same persons for the same facts, are liable to give rise to final judgements, the competent authorities of the Member States shall examine negative consequences together
"Art. 695-9-55.-For the purposes of Article 695-9-54, the provisions of Article 11 relating to the secrecy of the investigation and instruction shall not hinder the communication by the competent judicial authority pursuant to this Code, and subject to confidentiality, information, from criminal proceedings, relating to the facts, circumstances, the identity of the persons in question or prosecuted and, where applicable,
"When consultations have been initiated with the competent authorities of the Member States concerned, any other relevant information relating to the procedure may also be communicated to them, at their request, subject to the same confidentiality requirement, provided that such communication does not interfere with the proper conduct of the investigation or investigation.
"Art. 695-9-56.-The information requested by the requesting authority in such a way as to impair the fundamental interests of the State in respect of national security or to compromise the security of a person shall not be communicated.
"Art. 695-9-57.-The judicial authority which decides, on the basis of the information it has collected in accordance with Article 695-9-54 and after consultation with the competent authorities of the other Member States concerned, to refrain from any new act pending the results of a criminal procedure parallel to that which it leads to warn the parties. »
I.-Le titre X du livre IV du code de procédure pénale est compléter par un chapitre VI ainsi écrit :
“Chapter VI
"From the execution of judicial review decisions in the Member States of the European Union pursuant to the Framework Decision of the Council of the European Union of 23 October 2009
“Section 1
“General provisions
"Art. 696-48.-This chapter determines the applicable rules, in order to guarantee the appearance in court and to promote, where appropriate, the use of alternative measures to pre-trial detention for the person not residing in the Member State of the criminal procedure that concerns it, to the recognition and follow-up, in a Member State of the European Union, of the decisions of placement under judicial control issued by a competent French judicial authority, as well as to the executions
"The State in whose territory a person was placed under judicial control is called the State of issue. The State to which the recognition and control in its territory are requested of the ordered measures is called the State of execution.
"Art. 696-49.-For the preparation and during the execution of the decisions taken under this chapter, the competent authorities of the State of issue and the State of enforcement, unless practical impossibility, consult in particular to determine whether the State of enforcement consents to the transmission of a decision of placement under judicial control pursuant to the 2nd of Article 696-52.
"Art. 696-50.-The obligations to which a person may be bound to submit to the enforcement state are as follows:
« 1° The obligation for the person to inform a specific authority of any change in residence;
« 2° The prohibition of travel in certain places or in certain defined areas of the issuing State or the enforcement State;
« 3° The obligation to remain in a specified place, if applicable for specified periods;
« 4° Restrictions on the possibility of leaving the territory of the enforcement State;
« 5° The obligation to present themselves at specific times before a specific authority;
« 6° The obligation to avoid any contact with certain persons connected with the offence or offences that would have been committed;
« 7° Where applicable, the other obligations, notified to the General Secretariat of the Council of the European Union, that the Implementing State is prepared to control.
"Art. 696-51.-In accordance with Article 696-50, the obligations listed in Article 138 may also be followed in France under the same conditions.
"Art. 696-52.-A decision under judicial review may give rise to a transmission to the competent authority of another Member State of the European Union when:
« 1° The person concerned usually resides on a regular basis in the territory of the enforcement State and, having been informed of the measures concerned, agrees to return thereto;
« 2° The person concerned requests that the decision to place under judicial review be carried out in another Member State other than that in which he or she resides in a regular manner, and the competent authority of that State consents to the transfer of the decision to place under judicial review.
"Art. 696-53.-Any decision under judicial review made under this chapter for the purpose of recognition and control in the territory of the Republic or in that of another Member State shall be accompanied by a certificate specifying, inter alia:
« 1° The designation of the State of issue and the State of enforcement;
« 2° The designation of the competent authority having ordered the placement under judicial review;
« 3° The designation of the competent authority in the issuing State for the monitoring of these judicial review measures;
« 4° The identity of the person under judicial control, the address of his or her last domiciles known in the State of issue, in the State of execution or in another State;
« 5° The reasons for the transfer of the decision under judicial review under Article 696-52;
« 6° Languages included in the person under judicial review;
« 7° The date, place and circumstances in which the offences were committed and the nature and legal qualification of the facts;
« 8° The date of the decision to place under judicial review, the date on which it became enforceable, and, where applicable, the existence of an appeal against that decision on the date on which the certificate is transmitted;
« 9° The obligations to which the person subject to the decision to place under judicial review is subject, as well as, where appropriate, the duration of application and the existence of a possible extension of that decision;
« 10° Where applicable, the likely duration of such control measures should be necessary in view of the circumstances of the case known at the time of the transfer of the judicial review decision;
« 11° Where applicable, the specific reasons for the obligations set out in the judicial review decision.
"The certificate is signed by the competent authority of the issuing State that certifies the accuracy of the information contained therein.
"Art. 696-54.-The withdrawal of the certificate is a withdrawal from the application for recognition and enforcement and hinders the enforcement of the decision under judicial review pursuant to this chapter.
"Art. 696-55. -The transmission of the certified copy of the decision to place under judicial review, the certificate and all correspondence and documents concerning them shall be carried out directly between the competent authorities of the issuing State and those of the enforcement State, by any means leaving a written record and under conditions allowing the recipient to verify its authenticity.
"When a State has designated one or more central authorities to ensure the receipt of such transmissions, copies of the decision to place them under judicial review, the certificate and all correspondence and documents concerning them shall also be sent, if requested by the State, to the designated authority or central authorities.
“Section 2
" Provisions concerning the transmission by French judicial authorities of decisions relating to judicial review to the competent authorities of another Member State of the European Union
"Art. 696-56.-The competent judicial authorities to decide on the placement under judicial review pursuant to the provisions of this Code are also competent to place a person under judicial control in another Member State of the European Union and to transmit this decision for the purpose of recognition and enforcement in that State, in accordance with this chapter.
"Art. 696-57.-The consultation of the competent authority of the enforcement State, provided for in Article 696-49, shall be carried out by the competent judicial authorities to request or order the placement under judicial review.
"Art. 696-58.-The judicial authority having ordered the placement under judicial review or the public prosecutor shall transmit a certified copy of the decision under judicial review, the certificate provided for in Article 696-53, and a translation of the certificate, either in one of the official languages of the enforcement State, or in one of those of the institutions of the European Union accepted by that State.
"Art. 696-59.-The authority that ordered the placement under judicial review remains competent to follow up the ordered measures until it has been informed of the recognition of this decision by the competent authority of the enforcement State.
"It also remains competent if it is informed that the person concerned cannot be found in the territory of the enforcement State.
"Art. 696-60.-As long as the follow-up has not commenced in the enforcement State, the authority that ordered the placement under judicial control may decide to withdraw the certificate when it considers, in the light of the adaptation that would be made by the enforcement State to the obligations provided by the decision to place under judicial review or the maximum period of monitoring of obligations in that State, must not maintain the application for recognition and enforcement. This withdrawal shall take place within ten days of receipt of information relating to this adaptation or to the maximum duration of judicial review.
"Art. 696-61.-As long as the follow-up has not commenced in the enforcement State, the judicial authority that ordered the placement under judicial review may decide to withdraw the certificate when it is informed by the competent authority of the enforcement State that in the event of the issuance of a European arrest warrant as a result of the non-observance in the enforcement State of the ordered control measures, the surrender of the person concerned should be refused
"If it decides to withdraw the certificate, the judicial authority shall inform the competent authority of the enforcement State as soon as possible, not later than ten days after the receipt of the information that has motivated the withdrawal.
"Art. 696-62.-When she informed the judicial authority that she recognizes the decision to place under judicial review, the competent authority of the enforcement State becomes the only competent authority to follow up on its territory the obligations ordered by that decision.
"Art. 696-63.-The authority that ordered the placement under judicial review shall be re-enacted to ensure the execution of that decision in the following cases:
« 1° When the person concerned establishes his habitual regular residence in another State than the enforcement State;
« 2° When, after being informed of the adaptation, pursuant to the law of the enforcement State, of one or more obligations of the judicial review decision ordered by the court, the judicial authority notified the competent authority of the enforcement State of its decision to withdraw the certificate;
« 3° Where the decision to place under judicial review has been amended by the judicial authority and the competent authority of the enforcement State refuses to follow up on the obligations so amended;
« 4° When the law of the enforcement State provides for a maximum period of execution of the decision to place under judicial review and the judicial authority that ordered the placement under judicial review, notified of this maximum duration, has decided to withdraw the certificate and notified the withdrawal to the competent authority of the enforcement State or when, having not withdrawn the certificate, that period has expired;
« 5° When the competent authority of the enforcement State informed the competent judicial authority of its decision to terminate the follow-up of the ordered measures on the ground that the notices that had been sent to it on the possible need for an extension of the judicial review or on the breaches of the obligations of the person concerned remained unanswered by the competent judicial authority.
"When a transfer of jurisdiction over the follow-up of ordered measures is likely to take place under this article, the competent judicial authorities and those of the enforcement State shall consult each other in order to avoid, to the maximum extent possible, any interruption in the follow-up of such measures.
"Art. 696-64.-The judicial authority that has ordered the placement under judicial review may, before the expiry of the period of execution of the judicial review provided for in the law of the enforcement State, on its own motion or at the request of the competent authority of that State, notify that authority that it did not release the decision of placement under judicial review and that it is necessary to initially extend the monitoring of the measures of control.
"The judicial authority that ordered the placement under judicial review shall promptly respond to any request for information from the competent authority of the enforcement State on the need for the maintenance of ordered measures.
"In the cases mentioned in the first two paragraphs, it also specifies the length of time during which the follow-up of the ordered measures will likely still be necessary.
"Art. 696-65.-The French judicial authorities remain competent to make any subsequent decisions on the placement under judicial review, in particular to order any modification or release of obligations or to revoke the measure.
"When modifying or ordering the release of the obligations or in the event of an appeal against any decision to place under judicial review, they shall promptly notify the competent authority of the enforcement State and may apply the provisions provided for in Articles 696-60 and 696-63 in the event of the adaptation of the amended measures or refusal to follow the control measures amended by the competent authority of the enforcement State.
“Section 3
" Provisions concerning the recognition and monitoring in the territory of the Republic of judicial review decisions ordered by the competent authorities of the other Member States of the European Union
"Subsection 1
“Received requests for judicial review decisions
"Art. 696-66.-The prosecutor of the Republic shall receive requests for the recognition and enforcement in the territory of the Republic of the judicial review decisions ordered by the competent authorities of the other Member States, as well as all decisions of extension, modification or release, relating to measures already ordered and recognized.
"It may proceed or make any additional information that it considers useful. Where the certificate referred to in Article 696-53 is incomplete or manifestly does not correspond to a request for judicial review, the certificate shall provide a maximum period of ten days to the competent authority of the issuing State to complete or correct the certificate.
"Art. 696-67.-The procurator of the competent Republic is the one in which the habitual and regular residence of the person under judicial review is located or where the person requests to reside. If not, the prosecutor of the Republic in the Paris High Court is competent.
"If the prosecutor of the Republic to whom the application was made by the issuing State is not competent, he shall promptly transmit it to the prosecutor of the competent Republic. The competent authority of the issuing State is informed of the transmission.
"Art. 696-68.-Where, before transmitting the decision of placement under judicial review and the certificate, the competent authority of the issuing State shall consult the prosecutor of the Republic in the event that, pursuant to the 2nd of Article 696-52, the recognition of the decision is subject to the consent of the enforcement State, the prosecutor consents to the transmission of the decision of placement under judicial control of the French nationality. In the other cases, the Minister of Justice is promptly seized. The Minister may consent to the transmission of the decision if the person concerned has the nationality of a Member State of the European Union other than France and if there are exceptional grounds justifying the execution of the decision in France. It takes into account, among other things, the interest of its decision in the proper administration of justice, the existence of personal and family ties in France and the lack of risk of disturbance to public order.
"The prosecutor of the Republic informs the competent authority of the issuing State of the decision to consent or not to the transmission of the request for recognition of the decision to place under judicial review.
"Art. 696-69. - Within three working days from the receipt of the application and the decisions provided for in Article 696-66, the prosecutor of the Republic shall take the judge of freedoms and territorially competent detention of the application, together with his requisitions.
"Subsection 2
“Recognition of judicial review decisions
"Art. 696-70.-The Judge of Freedoms and Detention is competent, under the conditions provided for in this chapter, to decide on requests for recognition of judicial detention orders ordered by the competent authorities of other Member States. It is competent, in the event of a subsequent decision to extend or amend judicial review measures, to adapt these measures in accordance with Article 696-75 or to refuse to follow the measures that are not part of those mentioned in Articles 696-50 and 696-51.
"It is also competent for the implementation and monitoring of the recognized measures and to stop the execution and monitoring of the measures ordered by the competent authority of the issuing State.
"If the judge of freedoms and detention considers it necessary to hear the person under judicial review, he or she may use the means of telecommunications referred to in section 706-71, which he or she remains in the territory of the Republic or abroad.
"Art. 696-71.-Recognition and follow-up of a judicial review decision ordered by the competent authority of another State may be refused only in the cases provided for in Articles 696-73 and 696-74.
"In the absence of any of the grounds for refusal provided for in the same articles 696-73 and 696-74, the Judge of Freedoms and Detention recognizes the decision to place under judicial review as enforceable in the territory of the Republic and takes the necessary measures for its execution without delay, subject to compliance with the period during which the issuing State may withdraw the certificate.
"Art. 696-72.-When he intends to oppose any of the grounds for refusal provided for in 1° to 3° of Article 696-73 or 2° of Article 696-74, the judge of freedoms and detention shall inform the competent authority of the issuing State if the prosecutor of the Republic has not already done so and shall give him a maximum period of ten days, in order to provide him with any additional information,
"Art. 696-73.- Recognition and enforcement of the decision to place under judicial review are denied in the following cases:
« 1° The certificate is not produced, incomplete or clearly does not correspond to a decision to place under judicial review and has not been completed or corrected within the specified time limit;
« 2° The conditions set out in Articles 696-50 to 696-52 are not met, particularly when, pursuant to the 2nd of Article 696-52, the recognition of the decision is subject to the consent of France and that this consent has not been sought or has been refused;
« 3° The decision to place under judicial review is based on offences for which the person under judicial review has already been tried definitively by the French courts or by those of a State of the European Union other than the issuing State, provided that the sentence has been executed, is being executed or cannot be enforced according to the law of the State having pronounced that sentence;
« 4° The decision is based on facts that do not constitute offences under French law.
"However, this ground of refusal is not opposable:
“(a) Where the decision to place a person under judicial review is an offence that, under the law of the issuing State, falls within one of the categories of offences referred to in the third to thirty-fourth paragraphs of Article 695-23 and is punishable by a sentence or measure of deprivation of liberty for a period equal to or greater than three years of imprisonment;
“(b) Where the decision to place under judicial review concerns an offence in respect of taxes, taxes, customs and exchanges, because of the fact that French law does not impose the same type of taxes or taxes or does not contain the same type of regulation in respect of taxes, taxes, customs and currency as the law of the issuing State;
« 5° The facts could be tried by French courts and the prescription of public action is acquired according to French law on the date of receipt of the certificate;
« 6° The person placed under judicial review shall enjoy immunity in France that impedes the execution of the decision;
« 7° The decision was made against a 13-year-old minor on the date of the incident.
"Art. 696-74.- Recognition and follow-up of the judicial review decision may be refused in the following cases:
« 1° When the surrender of the person concerned could not be ordered in the event of the issuance of a European arrest warrant against that person because of the non-compliance with the measures ordered under the judicial review;
« 2° Where the decision to place under judicial review is based on offences for which the person under judicial review has already been tried definitively by the jurisdiction of a State not a member of the European Union, provided that the sentence has been executed, is being executed or cannot be enforced according to the law of that State.
"Art. 696-75.-The judge of freedoms and detention appreciates whether there is a need to adapt the judicial review measures ordered by the competent authority of the issuing State.
"When the nature of the measure ordered by the competent authority of the issuing State does not correspond to the measures provided for in French legislation, the judge of freedoms and detention replaces the measure ordered by the measure which best corresponds to the orderly one and which could have been legally pronounced by a French judicial authority for the same facts.
"The appropriate judicial review measure can only be more severe than the original measure.
"Art. 696-76.-When the judge of freedoms and detention considers that the person concerned could not be surrendered on the basis of a European arrest warrant but that it is possible to recognize the said decision and take the necessary measures to follow the ordered measures, he shall promptly inform the competent authority of the issuing State.
"Art. 696-77. - Subject to the suspension of the period resulting from the notice given to the competent authority of the issuing State pursuant to Article 696-72, the judge of freedoms and detention decides whether it is necessary to recognize the decision to place under judicial review as enforceable in the territory of the Republic within the maximum period of seven working days from the date of the referral by the prosecutor of the Republic.
"The decision to adapt judicial review measures ordered by the competent authority of the issuing State is motivated by reference to French legislation.
"The refusal decision is based on reference to articles 696-73 and 696-74.
"Art. 696-78.-The decision of the Judge of Freedoms and Detention pursuant to the first paragraph of Article 696-70 shall be notified promptly to the person under judicial review. The court shall be informed by a reference in the notice that, if it does not accept this decision, it shall have a period of five days to apply to the board of the instruction of an application specifying, as soon as it is inadmissible, the grounds of law or fact of its dispute and that it has the opportunity to be represented before that court by a lawyer of his choice or, in the absence, by a lawyer of the order
"When the judge of liberties and detention proceeded to adapt the judicial review measures ordered by the competent authority of the issuing State, his decision shall be promptly brought to the attention of those authorities by any means leaving a written record.
"Art. 696-79.-The decision of the Judge of Freedoms and Detention pursuant to the first paragraph of Article 696-70 is subject to appeal in the manner provided for in Articles 185 and 186.
"The appeal does not contest the principle of judicial supervision, nor the nature of the measures ordered by the issuing State.
"Art. 696-80.-Unless further information has been ordered, the board of inquiry shall decide not later than twenty working days from the notice of appeal, by a reasoned order in the board's chamber.
"If the board of inquiry considers it necessary to hear the person under judicial review, it may use the means of telecommunications referred to in section 706-71, that the person in question remains in the territory of the Republic or abroad.
"The board of inquiry may, by a measure of judicial administration, authorize the issuing State to intervene at the hearing through a person authorized by the same State for that purpose. When the issuing State is authorized to intervene, it does not become a party to the proceedings.
"When the board of inquiry envisages to oppose one of the grounds for refusal provided for in 1° to 3° of Article 696-73 or 2° of Article 696-74, it is not necessary to inform the competent authority of the issuing State whether it has already been carried out this information by the prosecutor of the Republic or by the judge of freedoms and detention under Article 696-72.
"Art. 696-81. -The decision of the board of inquiry shall be notified promptly to the person under judicial review. The notice is informed by a reference in the notice of remedies and deadlines for appeal.
"This decision may be referred to in cassation, by the Attorney General or by the person concerned, under the conditions set out in sections 568-1 and 574-2.
"Art. 696-82.-Where the decision on the recognition of the decision to place under judicial review and the follow-up of the ordered measures cannot be taken by the judge of freedoms and detention within twenty working days after the receipt of the decision and the certificate, or by the board of the investigation within twenty working days after the declaration of appeal, the prosecutor of the Republic shall promptly inform the competent authority of the State of the delay
"In the event that the Public Prosecutor's Office, the Judge of Freedoms and Detention or the Chamber of Investigation has requested the competent authority of the issuing State to complete or correct the certificate, the course of the period provided for in the first paragraph of this article shall be suspended from the application until the transmission by the issuing State of the requested documents and no later than the expiry of the period provided under 696.
"Art. 696-83.-The Public Prosecutor's Office shall promptly inform the competent authority of the issuing State of the final decisions made pursuant to the first paragraph of Article 696-70.
"When the decision consists of a refusal of recognition and enforcement of the ordered measures, or involves an adaptation of the ordered measures, the prosecutor of the Republic also informs the competent authority of the issuing State of the reasons for the decision.
"Subsection 3
“ Monitoring judicial review decisions
"Art. 696-84.-The monitoring of ordered judicial review measures is governed by this Code.
"As soon as the judicial review decision is recognized as enforceable in France, the judge of freedoms and detention shall take the necessary measures to follow up the ordered measures, as appropriate.
"When the recognition of the decision includes an adaptation of the measures or the competent authority of the issuing State has been informed by the judicial authority that the person concerned will not be able to be given a European arrest warrant, the follow-up of the ordered measures can only begin after the expiry of a period of ten days from the notification of that decision or the transmission of that information.
"Art. 696-85.-If the person under judicial review cannot be found in the territory of the Republic, the judge of freedoms and detention shall inform the competent authority of the issuing State of the impossibility of monitoring the ordered measures.
"Art. 696-86.- During the follow-up of the control measures, the judge of freedoms and detention may at any time invite the competent authority of the issuing State to provide information to indicate whether the follow-up of the measures is always necessary.
"The judge of freedoms and detention shall promptly inform the competent authority of the issuing State of any breach of a measure and any other finding that may result in the review, withdrawal, modification of orderly judicial review measures or issuance of an arrest warrant or any other decision having the same effect.
"The judge of freedoms and detention shall also inform the competent authority of the issuing State, by any means leaving a written record, of any change in residence of the person concerned.
"Art. 696-87.-Where the judge of freedoms and detention has forwarded several notices pursuant to the second paragraph of Article 696-86 concerning the same person to the competent authority of the issuing State without the latter having taken a decision to review, withdraw, amend the ordered judicial review measures and without a warrant of arrest or any other decision having the same effect being ordered, he may invite him to make a reasonable order
"Art. 696-88.-If the competent authority of the issuing State does not rule within the time limit specified by the judge of freedoms and detention, it may decide to put an end to the monitoring of the ordered measures.
"Art. 696-89.-When the judge of freedoms and detention is advised that the person concerned shall establish his or her regular residence and habitual residence in another State, he shall promptly inform and by any means leaving a written record to the competent authorities of the issuing State. In this case, the judge of freedoms and detention is deferred from the monitoring of ordered measures. »
II.-At the end of the first paragraph of section 186 of the same code, the reference: "and 181" is replaced by the references: " 181 and 696-70".
After Title VII ter of Book V of the Code of Criminal Procedure, a title VII quater is inserted as follows:
« Title VII QUATER
" DECISIONS OF CONDAMNATIONS AND PROBATION DECISIONS IN IMPLEMENTATION OF THE EUROPEAN MEETING COUNCIL DECISION OF 27 NOVEMBER 2008
“Chapter I
“General provisions
"Art. 764-1.-In order to facilitate the insertion or social reintegration of a convicted person, to improve the protection of victims and society and to facilitate the application of alternatives to custodial sentences and probation measures when the perpetrator of an offence does not live in the State of conviction, this title determines the rules applicable to recognition and enforcement, in a Member State of the
"The State in whose territory the conviction or decision of probation was pronounced is called a state of condemnation. The State to which the recognition and follow-up on its territory of this conviction or of this decision of probation is called the Implementing State.
"Art. 764-2.-The convictions and decisions that may result in cross-border execution under this heading are as follows:
« 1° Convictions to probation measures that provide for non-compliance with a prison sentence, or a custodial sentence, in whole or in part with a stay conditioned on the observance of probation measures;
« 2° Convictions with an adjournment of the sentence and imposing probation measures;
« 3° Convictions to a penalty of substitution to a custodial sentence, imposing an obligation or injunction, excluding monetary penalties and confiscations;
« 4° Decisions imposing probation measures, as part of the execution of final convictions, including on parole.
"Art. 764-3.-The substitution penalties and probation measures that may be transferred to the enforcement State are those that impose one or more of the following obligations or orders:
« 1° The duty of the sentenced person to inform a specific authority of any change of domicile or place of work;
« 2° The prohibition of travel to certain places or in certain defined areas of the state of condemnation or enforcement;
« 3° Restrictions on the possibility of leaving the territory of the enforcement State;
« 4° Injunctions relating to behaviour, residence, training or leisure, or involving restrictions or terms relating to the exercise of a professional activity;
« 5° The obligation to present themselves at specific times before a specific authority;
« 6° The obligation to avoid contact with specific persons;
« 7° Prohibition of the possession or use of specific objects that have been used by the convicted person or may be used in order to commit a crime or offence;
« 8° The obligation to financially repair the harm caused by the offence or the obligation to demonstrate that this obligation has been met;
« 9° The obligation to perform work of general interest;
« 10° The obligation to cooperate with a probation officer or a representative of a social service performing duties related to convicted persons;
« 11° The obligation to undergo medical care or detox treatment;
« 12° Where applicable, the other obligations and injunctions, notified to the General Secretariat of the Council of the European Union, whose implementation State is prepared to follow up.
"Art. 764-4.-In accordance with the 12th of Article 764-3, the following obligations may also be monitored and monitored in France:
« 1° Prohibition of professional or voluntary activity involving regular contact with minors;
« 2° The prohibition of driving a vehicle;
« 3° Prohibition of holding or carrying a weapon subject to authorization.
"Art. 764-5.-A conviction or probation order may be transmitted to the competent authority of another Member State of the European Union when:
« 1° The person concerned usually resides in regular conditions in the territory of that State and has returned or wishes to return to it;
« 2° The person concerned does not habitually reside in the territory of that State under regular conditions, but requests that he or she carry out his or her sentence or probation, provided that the competent authority of that State consents to the transfer of the decision of conviction or probation concerning him or her.
"Art. 764-6.-Any conviction or probation decision transmitted under this title for the purpose of recognition and monitoring in the territory of the enforcement State shall be accompanied by a certificate specifying in particular:
« 1° The designation of the state of condemnation;
« 2° The designation of the competent authority having pronounced the conviction or probation decision;
« 3° The designation of the competent authority in the sentencing state for the monitoring of penalties and measures;
« 4° The identity of the sentenced person, the address of his or her last domiciles known in the state of condemnation, in the state of execution or in another state;
« 5° The reasons for the transmission of the conviction or probation decision under section 764-5;
« 6° The languages included in the sentenced person;
« 7° The date, place and circumstances in which the offence(s) was committed, and the nature and legal qualification of the facts;
« 8° The date of the conviction or probation decision and the date on which the decision became final;
« 9° Information on the nature and duration of the sentence or probation measures requested for recognition and follow-up;
« 10° If applicable, the duration of the sentence of deprivation of liberty which has been suspended on condition and the duration of the custodial sentence to be enforced in the event of a revocation of the stay or parole, or in the event of a breach of the obligations imposed.
"The certificate is signed by the competent authority of the sentencing state which certifies the accuracy of the information contained therein.
"Art. 764-7.-The withdrawal of the certificate referred to in Article 764-6 is a withdrawal from the application for recognition and follow-up and hinders the enforcement of the alternative penalty or probation measure in the territory of the enforcement State.
"Art. 764-8.-The transmission of the conviction or decision of probation, the certificate and all the documents relating to the execution of the measures and any exchange relating to them shall be carried out directly, by any means leaving a written record and under conditions allowing the consignee to verify its authenticity, between the competent authorities of the issuing State and those of the enforcement State.
“Chapter II
" Provisions relating to the recognition and monitoring, in the territory of the other Member States of the European Union, of the convictions and probation decisions of the French courts
"Art. 764-9.-The Public Prosecutor's Office at the Court having pronounced a conviction or rendered a probation order with substitution penalties or measures provided for in Articles 764-3 and 764-4 shall be competent to transmit to the competent authority of another Member State of the European Union, for the purpose of recognizing this conviction or probation decision and following up, condemning or deciding on probation and, after having established and signed Article 6
"It may proceed with such transmission on its own or at the request of the competent authority of the enforcement State or the person concerned.
"Art. 764-10.-Before transmitting the decision of conviction or the decision of probation and the certificate, the public prosecutor may consult the competent authority of the enforcement State. Such a consultation is mandatory in the cases referred to in 2° of Article 764-5, in order to determine whether this authority consents to transmission.
"Art. 764-11.-The Public Prosecutor's Office shall transmit to the competent authority of the enforcement State a certified copy of the decision of conviction or probation decision and the original or a copy of the certificate referred to in Article 764-6.
"It also transmits to this authority a translation of the certificate either in the official language or in one of the official languages of the enforcement State, or in one of the official languages of the institutions of the European Union accepted by that State.
"On the occasion of this transmission, he may apply to the competent authority of the enforcement State the maximum duration of the deprivation of liberty provided for in the domestic law of the enforcement State for the offence that gave rise to the conviction, and that could be pronounced against the sentenced person in the event of non-compliance with the replacement penalties or probation measures.
"Art. 764-12.-The Public Prosecutor's Office may decide to withdraw the certificate, provided that the follow-up did not start in the State of Enforcement, in the following cases:
« 1° When it considers that the maximum duration of deprivation of liberty under the domestic law of the enforcement State that may be pronounced in the event of non-compliance with alternative sentences or probation measures is insufficient;
« 2° When the recognition of the conviction or probation decision implies an adaptation of the penalties or measures or a reduction in the duration of those sentences that seem inappropriate to it.
"When deciding to withdraw the certificate, the Public Prosecutor's Office shall inform the competent authority of the enforcement State as soon as possible, no later than 10 days after the receipt of the information justifying its decision.
"In this case, the French judicial authorities remain competent to enforce the sentence or probation order and to monitor their execution.
"Art. 764-13.-Where the competent authority of the enforcement State has informed the public prosecutor that it recognizes the conviction or decision of probation, the competent authorities of the enforcement State become solely competent to ensure the follow-up of the probation measures or the substitution penalties imposed, as well as to amend the obligations or orders, to revocation of the stay of the execution of the sentence or of a new conditional release and
"Art. 764-14. -The Public Prosecutor's Office shall promptly inform the competent authorities of the State of enforcement, by any means leaving a written record, of any circumstance or finding brought to its knowledge that it may result in an amendment to the probation measure or the substitution penalty, the revocation of the stay of the execution of the conviction or the decision of parole, or the imposition of a sentence or a measure of deprivation of liberty, as a result of
"Art. 764-15. -The French judicial authorities shall, at the initiative of the enforcement State, return to competent jurisdiction in the event of non-compliance with the obligations or injunctions mentioned in the sentence or in the decision of probation, to pronounce the revocation of the stay to the execution of the conviction or conditional release or to impose and enforce a custodial sentence in cases for which the enforcement State has declared to the general secretariat of the Council of the European Union
"The Public Prosecutor's Office shall promptly inform the competent authority of the enforcement State of any revocation of the condition of execution of the conviction or conditional release, of a sentence or of a custodial measure because of non-compliance with a measure or penalty of substitution, or of any decision to terminate the measure or the penalty of substitution.
"Art. 764-16.-At the initiative of the competent authority of the enforcement State, the French judicial authorities shall return to be competent to follow up on substitute sentences or probation measures when the convicted person has fled or no longer resides in regular conditions on the territory of the enforcement State.
"When, after the recognition of a conviction or probation decision by the competent authorities of the enforcement State, a new criminal procedure is initiated in France against the person concerned, the public prosecutor may apply to the authorities that the follow-up of alternative sentences or probation measures is again provided by the French judicial authorities. In the event of an agreement, the French judicial authorities are again competent to follow up on these penalties and measures and to make any subsequent decisions regarding these penalties and measures.
"In the cases referred to in the first two paragraphs, the Public Prosecutor's Office shall take into account in all its requisitions the period during which the person concerned has complied with the obligations or injunctions imposed on him and all the decisions taken by the competent authorities of the enforcement State.
"Art. 764-17.-When the conviction is subject to amnesty, grace or revision that has the effect of withdrawing it, immediately or not, its enforceability, the public prosecutor shall promptly inform the competent authority of the enforcement State.
“Chapter III
" Provisions relating to the recognition and monitoring in the territory of the Republic of the convictions and probation decisions pronounced by the competent authorities of the other Member States of the European Union
“Section 1
"Receiving applications for recognition and monitoring of convictions and probation decisions
"Art. 764-18.-The prosecutor of the Republic shall receive applications for the recognition and enforcement in the territory of the Republic of the convictions or probation decisions imposed by the courts of other Member States. It may also request the competent authority of another Member State to transmit to it a request for recognition and enforcement in the territory of the Republic of a decision of conviction by a jurisdiction of that State.
"If requested by the competent authority of the sentencing State, the prosecutor of the Republic shall inform the latter of the maximum duration of the deprivation of liberty provided for in French law for the offence which gave rise to the conviction, and which may be pronounced against the sentenced person in the event of non-compliance with the replacement penalties or probation measures.
"It may proceed or make any additional information that it considers useful. Where the certificate referred to in Article 764-6 is incomplete or clearly does not correspond to the conviction or, where applicable, to the probation decision, it shall grant a maximum period of ten days to the competent authority of the sentencing State to complete or rectify the certificate.
"Art. 764-19.-The procurator of the competent Republic is the one in which the ordinary residence of the convicted person is located. If not, the prosecutor of the Republic in the Paris High Court is competent.
"If the prosecutor of the Republic to whom the request has been sent by the state of condemnation for the purpose of recognition and enforcement is not competent, he shall promptly transmit it to the prosecutor of the competent Republic. The competent authority of the issuing State is informed of the transmission.
"Art. 764-20.-Where, before transmitting the conviction or decision of probation and the certificate, the competent authority of the sentencing State shall consult with the prosecutor of the Republic in the event that, pursuant to the 2nd of Article 764-5, the recognition of the conviction or decision is subject to the consent of the enforcement State, the prosecutor of the Republic consents to the transmission of the sentence or the decision of the French probation. In the other cases, the Minister of Justice is promptly seized. The Minister may consent to the transmission of the conviction or decision if the person concerned has the nationality of a Member State of the European Union other than France and if there are exceptional grounds justifying the execution of the decision in France. In particular, it takes into account the interest of its decision in the proper administration of justice, the existence of personal and family ties in France and the absence of a risk of disturbance to public order.
"The prosecutor of the Republic shall inform the competent authority of the State of condemnation of the decision to consent or not to the transmission of the request for recognition of the conviction or the decision of probation.
"Art. 764-21. - Within seven days of the receipt of the application, the prosecutor of the Republic shall file with the judge the application of the territorially competent penalties pursuant to section 712-10 of the application, together with his requisitions.
“Section 2
“Recognition of convictions and probation decisions
"Art. 764-22.-The judge of enforcement of sentences is competent to rule on applications for recognition and monitoring of convictions and probation decisions.
"If it considers it necessary to hear the convicted person, it may be applied to section 706-71, which the person remains in the territory of the Republic or abroad.
"Art. 764-23.-Recognition and monitoring in the territory of the Republic of a decision of conviction or a decision of probation pronounced by the jurisdiction of another Member State may only be refused in the cases provided for in Articles 764-24 and 764-25.
"When considering to be based on one of the grounds for refusal provided for in 1° to 3°, 8° and 9° of Article 764-24 and Article 764-25, the judge of the application of the penalties shall inform the competent authority of the sentencing State if the prosecutor of the Republic has not already done so and shall grant him a maximum period of ten days in order to allow him to provide, if necessary, any additional information.
"In the absence of any of the grounds for refusal provided for in the same sections 764-24 and 764-25, the judge of the application of the sentences recognizes the decision of conviction or probation as enforceable in the territory of the Republic.
"Art. 764-24.-The execution of the conviction or probation decision is refused in the following cases:
« 1° The certificate is not produced, incomplete or manifestly inconsistent with the conviction or decision and has not been completed or corrected within the specified time limit;
« 2° The conditions set out in Articles 764-2 to 764-5 are not met, in particular when, pursuant to the 2nd of Article 764-5, the recognition of the conviction or decision of probation is subject to the consent of France and the consent has not been sought or has been refused;
« 3° The sentencing decision covers offences for which the convicted person has already been tried definitively by the French courts or by those of a State of the European Union other than the sentencing State, provided that the sentence has been executed, is being executed or cannot be enforced according to the law of the State having pronounced the sentence;
« 4° The conviction is based on facts that do not constitute offences under French law;
« 5° The facts could be tried by French courts and the statute of limitations of the sentence is acquired according to French law on the date of receipt of the certificate;
« 6° The sentenced person shall enjoy immunity in France that impedes the execution of the conviction or decision;
« 7° The conviction or decision was pronounced against a minor of thirteen years on the date of the facts;
« 8° The convicted person did not appear in person at the trial that led to the decision, except in the cases mentioned in 1 to 3 of 695-22-1;
« 9° The sentence includes a measure of psychiatric or medical care or another measure that cannot be carried out under the rules of the French legal or health system.
"The reason for refusal under the 4th is not enforceable when the decision of conviction concerns an offence in respect of taxes, taxes, customs and exchanges, because the French law does not impose the same type of taxes or taxes or does not contain the same type of regulation in respect of taxes, taxes, customs and currency as the law of the sentencing state.
"Art. 764-25.-The execution of the conviction may be refused in the following cases:
« 1° The duration of the replacement or probation measure is less than six months from the date of receipt of the certificate;
« 2° The conviction or decision shall be based on offences committed in whole, in large part or for the most part in the territory of the Republic or in an assimilated place;
« 3° The sentencing decision covers offences for which the convicted person has already been tried definitively by the jurisdiction of a non-member State of the European Union, provided that the sentence has been executed, is being executed or cannot be enforced according to the law of that State.
"Art. 764-26.-The judge of the application of sentences appreciates whether there is a need to adapt the sentence or the probation measure or its duration.
"When the nature of the probation measure or the alternative sentence does not correspond to the measures provided for in French legislation, the judge of the application of the sentences replaces the probation measure or the alternative sentence by the measure closest to that imposed by the sentencing State that could have been legally pronounced by a French court for the same facts.
"When the duration of the substitution sentence or probation measure is greater than that which could have been legally pronounced by a French court for the same acts, the judge of the application of the sentences reduces this period to the maximum legal period in effect under French law for the corresponding offence. When the conviction relates to several offences, it refers to the legal maximum for the most severely sanctioned corresponding offence.
"The probation measure or the replacement sentence thus adapted is not more severe or longer than that initially pronounced.
"Art. 764-27. - Subject to the suspension of the period resulting from the notice given to the competent authority of the State of Convict pursuant to Article 764-23, the judge of the application of the sentences shall rule by order, in accordance with the procedure provided for in Article 712-8, on the application for recognition of the conviction or the decision of probation within a maximum period of ten days from the requisitions of the prosecutor of the Republic.
"The decision to adapt the nature or duration of the probation measure or the alternative sentence is motivated by reference to French legislation.
"The refusal decision is based on reference to articles 764-24 and 764-25.
"Art. 764-28. -The judge's decision on the application of sentences shall be notified promptly to the convicted person. The court shall be informed by a reference in the notice that, if it does not accept this decision, it shall have a period of twenty-four hours to refer to the board of the application of the penalties of a request that, barely to be admissible, the grounds of law or de facto of its dispute and that it has the opportunity to be represented before that court by a lawyer of his choice or a lawyer, by default, by a lawyer
"When the judge of the enforcement of sentences has made the adaptation of the sentence or the probation measure imposed or has reduced his duration, his decision shall be brought promptly to the attention of the competent authorities of the Member State of Convict by any means leaving a written record.
"Art. 764-29.-The decision of the judge of the application of the penalties relating to the recognition of the conviction or the decision of probation is subject to appeal in the manner provided for in Article 712-11.
"The appeal does not contest the conviction or probation decision taken by the sentencing state.
"Art. 764-30.-Unless further information has been ordered, the chair of the enforcement chamber shall rule within twenty days of his referral by a reasoned order in the board's chamber.
"If the president of the enforcement chamber considers it necessary to hear the convicted person, it may be applied to section 706-71, whether it remains in the territory of the Republic or abroad.
"The president of the enforcement chamber may, by a measure of judicial administration, authorize the sentencing state to intervene at the hearing through a person authorized by the same State for that purpose. When the sentencing state is allowed to intervene, it does not become a party to the proceedings.
"When the president of the enforcement chamber considers to oppose one of the grounds for refusal provided for in 1° to 3°, 8° and 9° of Article 764-24 and Article 764-25, it is not necessary to inform the competent authority of the sentencing State if it has already been done to this information by the judge of the application of the penalties under Article 764.
"Art. 764-31. -The decision of the president of the enforcement chamber shall be notified promptly to the convicted person. The notice is informed by a reference in the notice of remedies and delays of appeal.
"This decision may be subject, within three days, to an appeal by the Attorney General or the convicted person. The second paragraph of section 568-1 and the first paragraph of section 567-2 shall apply.
"Art. 764-32.-Where the final decision on the recognition and enforcement of the conviction or probation decision cannot be taken within sixty days of the receipt of the decision of conviction and the certificate, the Public Prosecutor's Office shall promptly inform the competent authority of the sentencing State by indicating the reasons for the delay and the additional time it considers necessary for the decision to be taken.
"In the event that the public prosecutor, the judge of the application of the penalties or the enforcement board has requested the competent authority of the sentencing State to complete or correct the certificate, the course of the period provided for in the first paragraph of this article shall be suspended from the application until such time as the sentencing State has transmitted the requested documents and no later than the expiry of the period provided for under the last paragraph of Article 7-1864.
"Art. 764-33.-The Public Prosecutor's Office shall promptly inform the competent authority of the sentencing State of the final decision on the recognition of the conviction or probation decision.
"When the final decision consists of a refusal of recognition and enforcement of the conviction or decision of probation, or includes an adaptation of the nature of the probation measure or of the replacement sentence or its duration, the prosecutor of the Republic shall also inform the competent authority of the State of condemnation of the reasons for the decision.
“Section 3
"Follow-up to probation and alternative sentences and subsequent decision in cases of non-compliance
"Art. 764-34.-The execution of the conviction or probation decision is governed by Criminal code and by this Code, including the execution of subsequent decisions made when a probation or alternative sentence is not respected or when the convicted person commits a new criminal offence.
"As soon as the decision to recognize the conviction or probation decision as enforceable in France has become final, the substitution penalties or probation measures may be enforced under the conditions provided by the recognition decision.
"However, where the recognition of the conviction or probation decision includes an adaptation of the nature or duration of the probation measure or the alternative sentence, alternative penalties or measures and obligations may be reduced to enforcement only upon the expiry of an additional period of ten days from the final nature of the recognition decision.
"Art. 764-35.-The withdrawal of the certificate by the State of Convict, for any cause, is an obstacle to the enforcement of the conviction or probation order if it intervenes before the replacement penalty or probation duties and measures have been enforced.
"Art. 764-36.-The judge of the application of sentences is competent to ensure, by himself or by any qualified person designated, the follow-up of probation and substitute penalties for which recognition is final.
"The judge of enforcement of sentences, or, where applicable, where the measure does not fall within his jurisdiction, the prosecutor of the Republic, shall impose the alternative penalty or shall take the measures appropriate to follow up the probation measure without delay.
"Art. 764-37.-If the convicted person cannot be found in the territory of the Republic, the judge of the application of the sentences shall inform the competent authority of the sentencing State of the impossibility of carrying out the sentence or the decision of probation.
"Art. 764-38.-The judge of the application of penalties is competent to take any further action to amend the obligations or duration of the probation period under the conditions set out in this Code.
"Art. 764-39.-The judge of the application of the sentences is also competent to make, under the conditions laid down in Article 712-6, the revocation of the conditional release or stay of the execution of the sentence and to pronounce the sentence or measure of deprivation of liberty provided for by the conviction or probation decision of the authorities of the Member State of Convict, in the event of a penalty of substitution.
"When a person has been sentenced to a substitute sentence and the conviction does not include a penalty or a custodial measure to be executed in the event of non-compliance, the judge of the application of the penalties shall notify the prosecutor of the Republic in the event of non-compliance with the obligations or injunctions referred to in the alternative penalty so that the person appreciates the action to be taken in respect of the articles 434-38 et seq. of the Criminal Code.
"When this non-compliance with the substitution penalty is not a criminal offence under French law, the prosecutor of the Republic informs the competent authority of the State of condemning these facts and the impossibility for the French judicial authorities to rule on this case.
"Art. 764-40.-The judge of the application of sentences shall promptly inform the competent authorities of the sentencing State, by any means leaving a written record, of any decision taken under articles 764-38 and 764-39.
"Art. 764-41.-The judge of the application of sentences shall immediately inform and by any means leaving a written record to the competent authorities of the sentencing State in the following cases:
« 1° When a measure of grace or amnesty concerns the decision to follow up in France;
« 2° When the person is fleeing or has no habitual residence, under regular conditions, in the territory of the Republic. In this case, the judge of the application of the sentences may withdraw from the follow-up to the probation measure or the alternative sentence for the benefit of the competent authorities of the sentencing State, which removes any jurisdiction to make any subsequent decision in relation to that probation measure or the alternative sentence.
"Art. 764-42.-When the conviction is the subject of an amnesty in France or in the state of condemnation, or a pardon or where the conviction is the subject of an annulment decided following a review procedure in the state of conviction, or any other decision or measure that has the effect of withdrawing it from its enforceable character, the judge of enforcement of the sentence shall terminate this sentence
"Art. 764-43.-Where, as a result of a new criminal procedure against the person concerned in the sentencing state, the competent authority of that State requests that the jurisdiction over the follow-up of probation measures or alternative sentences and any subsequent decision on these measures or these penalties be transferred to him again, the judge of the enforcement of the sentences shall terminate the monitoring of them and shall defer to the competent authorities. »
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
After section 20-11 of Order No. 45-174 of 2 February 1945 on child offenders, an article 20-12 is inserted as follows:
"Art. 20-12.-The judge for children shall exercise the powers of the judge of the application of the penalties referred to in Articles 764-21 to 764-43 of the Code of Criminal Procedure in respect of the recognition and enforcement of the convictions and probation decisions imposed by a court of another Member State of the European Union in respect of persons who are minors on the date of the facts. »
I.- Title X of Book IV of the Code of Criminal Procedure is supplemented by a chapter VII, as follows:
“Chapter VII
"From the execution of European protection decisions in the EU Member States pursuant to Directive 2011/99/EU of the European Parliament and the Council of 13 December 2011 on the European protection decision
"Art. 696-90.-A European protection decision may be issued by the competent authority of a Member State, called the State of issue, for the purpose of extending to the territory of another Member State, called the State of enforcement, a protection measure adopted in the State of issue, imposing on a person suspected, prosecuted or convicted and capable of causing a danger incurred by the victim of the following offence:
« 1° A prohibition of travel to certain places, places or areas where the victim is or is frequent;
« 2° Prohibition or regulation of contact with the victim;
« 3° A prohibition to approach the victim less than a certain distance, or under certain conditions.
“Section 1
" Provisions relating to the issuance of a European protection decision by the French authorities
"Art. 696-91.-A European protection decision may be issued by the public prosecutor upon request of the victim or his legal representative. The victim is informed of this right when one of the prohibitions referred to in article 696-90 is taken for his benefit.
"The procurator of the competent Republic is that of the court of large instance in whose jurisdiction the competent authority has ordered the prohibition on the basis of which a European protection decision may be issued.
"If the prosecutor to whom the request has been made is not competent, he shall promptly transmit it to the prosecutor of the competent Republic and notify the victim thereof.
"Art. 696-92.-The prosecutor of the Republic verifies whether the decision on the basis of the protection measure was adopted in a contradictory procedure.
"If this is not the case, the prosecutor of the Republic shall notify the perpetrator of the offence of the decision or judgment containing the protective measures to which he intends to extend the effects, before making the European protection decision.
"Art. 696-93.-When a request for the issuance of a European protection decision is made, the prosecutor of the Republic appreciates the need to do so by taking into account, in particular, the length of the stay envisaged by the victim in the enforcement state.
"It may proceed or make any further investigation that it considers useful.
"Art. 696-94.-The protection measures that are based on a decision, order, judgment or judgment that has been transmitted for execution to another Member State pursuant to Articles 696-48 to 696-65 or Articles 764-1 to 764-17 may not result in the issuance in France of a European protection decision.
"Art. 696-95.-The prosecutor of the Republic transmits the decision of European protection to the competent authority of the State of execution by any means leaving a written record and under conditions allowing the recipient to verify its authenticity, accompanied by its translation either in one of the official languages of the State of execution, or in one of those of the institutions of the European Union accepted by that State.
"The prosecutor of the Republic transmits a copy of the European protection decision to the French judicial authority which has decided the protection measure on the basis of which the European protection decision was issued.
"Art. 696-96.-The judicial authority that issued the decision on the basis of which the prosecutor of the Republic issued a European protection decision shall inform the public:
« 1° any modification or revocation of this measure;
« 2° From the transfer of the execution of this measure to another Member State, called the State of Monitoring, pursuant to articles 696-48 to 696-65 or articles 764-1 to 764-17, when this transfer resulted in the adoption of measures in the territory of the State of Monitoring.
"The prosecutor of the Republic amends or revokes the European protection decision accordingly, and promptly informs the competent authority of the enforcement State of the European protection decision.
“Section 2
" Provisions relating to the recognition and enforcement by the French authorities of a European protection decision
"Art. 696-97.-The prosecutor of the Republic receives requests for the recognition and enforcement of European protection decisions issued by the competent authorities of the other Member States in the territory of the Republic.
"The prosecutor of the competent Republic is the one in which the victim plans to stay or reside. Otherwise, the public prosecutor at the Paris High Court is competent.
"If the prosecutor of the Republic to whom the European protection decision has been transmitted by the issuing Member State is not competent to follow up, he shall promptly transmit it to the prosecutor of the competent Republic and inform the competent authority of the issuing State.
"Art. 696-98.-The prosecutor of the Republic may proceed or make any further investigation that he considers useful.
"If he considers that the information accompanying the European protection decision is incomplete, he shall promptly inform the competent authority of the issuing State and shall provide him with a maximum period of ten days to provide the requested information.
"Art. 696-99. - Within seven working days from the receipt of the European protection decision or the additional information requested under Article 696-98, the prosecutor of the Republic shall file with the judge of freedoms and detention the request for recognition and enforcement of the European protection decision, together with his requisitions.
"The judge of freedoms and detention shall decide on applications for recognition of European protection decisions within ten days of the referral of the prosecutor of the Republic.
"Art. 696-100.-Recognition of the European Protection Decision is denied in the following cases:
« 1° The European protection decision is incomplete or has not been completed within the time limit set by the competent authority of the enforcement State;
« 2° The conditions set out in 696-90 are not met;
« 3° The measure of protection was imposed on the basis of a behaviour that does not constitute an offence under French law;
« 4° The European protection decision is based on the execution of a measure or penalty relating to conduct that falls within the jurisdiction of the French courts and which resulted in amnesty in accordance with French legislation;
« 5° The perpetrator of the offence benefits in France from immunity that hinders the execution in France of the European protection decision;
« 6° The European protection decision is based on facts that could be tried by French courts and the prescription of public action is acquired according to French law;
« 7° The European protection decision is based on offences for which the person suspected, prosecuted or convicted has already been tried definitively by the French courts or by those of a Member State other than the issuing State, provided that the penalty has been executed, is being executed or cannot be enforced according to the law of the Member State having pronounced that sentence;
« 8° The perpetrator of the offence was under thirteen years of age on the date of the offence.
"Art. 696-101. - Recognition of the European protection decision may be denied if this decision is based on:
« 1° Offences committed in whole, largely or essentially in the territory of the Republic or in an assimilated place;
« 2° On offences for which the person suspected, prosecuted or convicted has already been tried definitively by the courts of another State which is not a member of the European Union, provided that the sentence has been executed, is being executed or cannot be enforced according to the law of the State having pronounced that sentence.
"Art. 696-102.-When deciding to recognize the European protection decision, the judge of freedoms and detention determines the protection measures provided by French legislation to ensure the protection of the victim. The measure adopted corresponds, to the widest possible extent, to that adopted in the State of issue.
"He makes an order specifying the measure to be respected in the territory of the Republic and recalling the provisions of Article 434-42-1 of the Criminal Code.
"Art. 696-103.-The order of the judge of freedoms and detention under section 696-102 shall be notified promptly to the perpetrator of the offence.
"The perpetrator of the offence is further informed by a reference in the notice that he has a five-day time limit to refer to the board of the instruction of a request that the grounds of law or fact of his or her contestation be limited to the admissibility of the complaint.
"The judge of freedoms and detention shall inform the competent authority of the issuing State, by any means leaving a written record, of the protective measure adopted and of the consequences incurred in the event of a violation of that measure.
"Art. 696-104.-The judge of freedoms and detention shall inform the competent authority of the issuing State, by any means leaving a written record, as well as the victim, of any decision of refusal and shall specify the reasons thereof within ten days from the decision.
"On this occasion, he informs the victim that she has a five-day time limit to bring the board to the investigation for the purpose of challenging this refusal.
"Art. 696-105.-The prosecutor of the Republic shall promptly inform the competent authority of the issuing State, by any means leaving a written record, of any breach of the enforceable measures in the territory of the Republic.
"Art. 696-106.-When the judge of freedoms and detention has been informed by the competent authority of the State of issuing an amendment of the measures based on the European protection decision, he shall accordingly amend the measures recognized and implemented. If these measures no longer fall within the scope of those mentioned in Article 696-90, it gives rise to the enforceable measure in France.
"Art. 696-107.-The judge of freedoms and detention shall terminate the execution of the protection decision as soon as he is informed by the competent authority of the issuing State of its revocation.
"It can also put an end to these measures:
« 1° Where there are elements to establish that the victim does not reside or reside in or leave the territory of the Republic;
« 2° When, as a result of the amendment by the issuing State of the European protection decision, the conditions provided for in Article 696-90 are no longer met, or the information transmitted by that State is insufficient to allow it to amend accordingly the measures taken pursuant to the European protection decision;
« 3° When the conviction or decision based on the European protection decision was transmitted for execution to the French authorities in accordance with articles 696-66 and 764-18, after the recognition in the territory of the Republic of the European protection decision.
"The judge of freedoms and detention shall promptly inform the victim. It also informs the competent authority of the issuing Member State, by any means leaving a written record and allowing the recipient to verify its authenticity. »
II.-After article 434-42 of the Criminal Code, an article 434-42-1 is inserted as follows:
"Art. 434-42-1.-The act, for a person subject to one or more obligations or prohibitions imposed by an order of the judge of freedoms and detention made pursuant to a European protection decision pursuant to Article 696-102 of the Code of Criminal Procedure, not to comply with any of these obligations or prohibitions, is punishable by two years of imprisonment and 30,000 € of fine. »
The Code of Criminal Procedure is amended as follows:
1° The preliminary title of Book I is supplemented by subtitle III as follows:
“Subtitle III
« ON THE RIGHTS OF VICTIMS
"Art. 10-2.-The officers and judicial police officers shall inform the victims of their right by any means:
« 1° To obtain compensation for their harm, by compensation for it or by any other suitable means, including, where appropriate, a restorative measure of justice;
« 2° To form a civil party either within the framework of a public action by the prosecutor's office or through a direct summons from the author of the facts before the competent court or a complaint before the investigating judge;
« 3° To be, if they wish to form a civil party, assisted by a lawyer whom they may choose or who, at their request, is designated by the Bar Association of the competent court, the costs being borne by the victims unless they meet the conditions of access to legal aid or if they receive legal protection insurance;
« 4° To be assisted by a service from one or more public communities or by a contracted victim assistance association;
« 5° To seize, where appropriate, the compensation commission for victims of offence, where an offence referred to in sections 706-3 or 706-14 of this Code;
« 6° To be informed about the protection measures they may benefit, including protection orders under Book I of the Civil Code, XIV. Victims are also informed of the penalties imposed by the perpetrators of the violence and the conditions for the execution of any convictions that may be pronounced;
« 7° For victims who do not understand the French language, to benefit from an interpreter and a translation of the information essential to the exercise of their rights;
« 8° To be accompanied each, at their request, at all stages of the proceedings, by their legal representative and by the person of majority of their choice, unless the competent judicial authority decides otherwise;
« 9° To declare as domicile the address of a third party, subject to the express agreement of the third party.
"Art. 10-3.-If the civil party does not understand the French language, it is entitled, at its request, to the assistance of an interpreter and to the translation, in a language that it understands, of information that is essential to the exercise of its rights and which is, as such, to be remitted or notified under this Code.
"The authority that proceeds to the hearing of the civil party or to which the person appears shall ensure that the person speaks and understands the French language.
"On an exceptional basis, an oral translation or an oral summary of the information referred to in the first paragraph may be carried out.
"The terms and conditions for the application of this article are specified by a decree, which, in particular, defines essential documents to be translated.
"Art. 10-4.-A every stage of the investigation, the victim may, at his or her request, be accompanied by his or her legal representative and by the major person of his or her choice, unless the competent judicial authority decides otherwise.
"Art. 10-5.-As soon as possible, victims are subject to a personalized assessment to determine if they need specific protection measures during the criminal proceedings.
"The authority conducting the victim's hearing collects the first elements for this assessment. In the light of these elements, the evaluation may be in-depth, with the agreement of the competent judicial authority.
"The victim is associated with this assessment. Where applicable, the victim assistance association required by the public prosecutor or the investigating judge pursuant to section 41 is also associated with it; his opinion is attached to the procedure.
"The terms and conditions of application of this article are specified by decree. » ;
2° After section 40-4, an article 40-4-1 is inserted as follows:
"Art. 40-4-1.-The victim who wishes to form a civil party may declare:
« 1° A personal address;
« 2° The address of a third party, subject to the express agreement of the third party.
"It is advised that it must report to the Attorney of the Republic, by registered letter with a request for notice of receipt, any change in the address declared. It is also advised that any notification made at the last registered address will be deemed to be made to the person.
"In the absence of a change of address by the civil party, it cannot oppose the failure to notify the civil party of the acts that should have been notified to it under the law. » ;
3° After Article 183, an article 183-1 is inserted as follows:
"Art. 183-1.-A la demande de la victime qui a déposé plainte sans s'avoir compris partie civile, l'ordre de non-lieu, après avoir passé, est porté à sa connaissance par tout moyen. » ;
4° Article 391 is supplemented by a paragraph as follows:
"When the victim does not understand the French language, she is entitled, at her request, to a translation of the notice of hearing. An oral translation or an oral summary may be performed exceptionally. » ;
5° The third to final paragraphs of Article 75 are deleted;
6° Section 53-1 is repealed;
7° In the first paragraph of section 40-4, the references: "Articles 53-1 and 75" are replaced by the reference: "Article 10-2".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
The same code is amended:
1° 8° bis and 20° of Article 706-73 are repealed;
2° After article 706-73, an article 706-73-1 is inserted as follows:
"Art. 706-73-1.-This title, with the exception of section 706-88, is also applicable to the investigation, prosecution, investigation and judgment of the following offences:
« 1° Delit of scams in organized band, scheduled for last paragraph of Article 313-2 of the Criminal Code ;
« 2° Disclaims of concealment of activities or employees, of recourse to services of a person engaged in concealed work, of trade in labour, of illegal labour loan or employment of foreign nationals without a title of work, committed in organized band, provided for in 1° and 3° of Article L. 8221-1 and articles L. 8221-3, L. 8221-5, L. 8224-1, L. 8224-2, L. 8231-1, L. 8234-1, L. 8234-2, L. 8241-1, L. 8243-1, L. 8243-2, L. 8251-1 and L. 8256-2 the Labour Code;
« 3° Laundering offences, provided for in the articles 324-1 and 324-2 the penal code, or the law, provided for in articles 321-1 and 321-2 of the same code, the product, income or things arising from the offences referred to in 1 and 2 of this article;
« 4° Delits of association of evildoers, planned to theArticle 450-1 of the Criminal Codewhere the purpose of the offence is to prepare one of the offences referred to in 1° to 3° of this article;
« 5° Delit of non-justification of resources corresponding to the life train, provided for inArticle 321-6-1 of the Criminal Codewhen it is in relation to one of the offences mentioned in 1° to 4° of this article. » ;
3° Section 706-74 is amended as follows:
(a) At the end of 1°, the reference: "of section 706-73" is replaced by the references: "of articles 706-73 and 706-73-1";
(b) At 2°, after the reference: "706-73", the reference is inserted: "or the 4th of Article 706-73-1";
4° In the third sentence of the sixth paragraph of Article 145, at the end of the second sentence of the second paragraph of Article 199 and at the end of the second sentence of the third paragraph of Article 221-3, the words: "subject to Article 706-73" are replaced by the words: "as mentioned in Articles 706-73 and 706-73-1";
5° At the end of the last sentence of Article 77-2, in the first paragraph of Articles 230-40 and 706-81, Articles 706-89 and 706-90, in the first paragraph and at the end of Article 706-91, in the first paragraph of Article 706-94, in the first sentence of the first paragraph of Articles 706-95 and 706-96 and in the first sentence of Article 706-73
6° In the first paragraph of Article 706-75, in the first and last paragraphs of Article 706-75-1 and in the first sentence of Article 706-77, after the reference: "18°", the reference is inserted: "706-73-1";
7° In article 706-75-2, after the reference: "11°", the reference is inserted: "706-73-1";
8° In article 706-79, in the first paragraph of articles 706-80 and 706-103, in the first sentence of the first paragraph of article 721-3 and in the second paragraph of article 866, after the reference: "706-73", is inserted the reference: ", 706-73-1";
9° In the first paragraph of section 706-87-1, the reference: "and 706-73" is replaced by the references: ", 706-73 and 706-73-1";
10° The last two paragraphs of Article 706-88 are deleted;
11° In the penultimate sentence of the fourth paragraph of Article 114, the reference: "to I of" is replaced by the word "to".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
At 1° of Article 728-11 of the Code of Criminal Procedure, the words "and has its habitual residence in French territory" are deleted.
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ].
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
At 9° bis of Article L. 330-2 of the road code, the reference: "of Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating" is replaced by the words: "European Union instruments intended to facilitate".
[Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
This Act applies to Wallis-et-Futuna, French Polynesia and New Caledonia.
I. - Sections 1 to 3, 5, 6, 14 and 35 of this Act come into force on October 1, 2015.
[Reaction in accordance with Article 2, paragraph 2, of Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
II. - Section 7 comes into force on November 15, 2015.
[Reaction pursuant to Article 2, paragraph 3, of Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
III. - [Dispositions declared not in conformity with the Constitution by Constitutional Council Decision No. 2015-719 DC of 13 August 2015. ]
In relations with Member States that have not transposed Council Framework Decision 2008/947/JAI of 27 November 2008, concerning the application of the principle of mutual recognition to judgments and probation decisions for the purpose of monitoring probation and alternative sentences, the provisions of the Code of Criminal Procedure as well as existing legal instruments for the monitoring of persons convicted or released under condition in force prior to 6 December 2011, including the Council of Europe Convention for the Supervision of Persons Convicted or Released under Condition, signed in Strasbourg on 30 November 1964, remain applicable.
This law will be enforced as a law of the State.
Done in Paris, August 17, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
The Seal Guard, Minister of Justice,
Christiane Taubira
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
The Minister of the Interior,
Bernard Cazeneuve
Minister of Decentralization and Public Service,
Marylise Lebranchu
Minister of the City, Youth and Sports,
Patrick Kanner
Minister of Overseas,
George Pau-Langevin
State Secretary for European Affairs,
Harlem Désir
