Subsection 1: Judicial supervision

Judicial supervision may be ordered by the investigating judge or by the liberty and custody judge if the person under investigation is liable to a correctional prison sentence or a more serious penalty.

This supervision requires the person concerned to submit, depending on the decision of the investigating judge or the liberty and custody judge, to one or more of the obligations listed below:

1° Not to leave the territorial limits determined by the investigating judge or the liberty and custody judge;

2° Not to be absent from his or her home or the residence determined by the investigating judge or the liberty and custody judge except under the conditions and for the reasons determined by that magistrate ;

3° Not to go to certain places or go only to places determined by the investigating judge or the liberty and custody judge;

3° bis Not to take part in demonstrations on the public highway in places determined by the investigating judge or the liberty and custody judge;

4° To inform the investigating judge or the liberty and custody judge of any travel beyond determined limits ;

5° Report periodically to the services, authorised associations or authorities designated by the investigating judge or the liberty and custody judge, who are required to observe the strictest discretion regarding the acts of which the person under investigation is accused;

6° Respond to summonses from any authority, association or qualified person designated by the examining magistrate or the liberty and custody judge and submit, where applicable, to control measures relating to their professional activities or their attendance at school as well as socio-educational measures designed to promote their social integration and prevent the offence from being repeated ;

7° Hand over any documents proving identity, and in particular the passport, either to the court registry or to a police service or gendarmerie brigade, in exchange for a receipt valid as proof of identity ;

8° Refrain from driving all vehicles, certain vehicles or a vehicle that is not fitted, by an approved professional or by design, with an approved electronic alcohol ignition interlock device and, where applicable, hand in their driving licence to the court registry in exchange for a receipt ; however, the examining magistrate or the liberty and custody judge may decide that the person under investigation may use his driving licence to carry out his professional activity ;

9° Refrain from receiving or meeting certain persons specially designated by the investigating judge or the liberty and custody judge, and from entering into relations with them in any way whatsoever;

10° Submit to measures of examination, treatment or care, even under the hospital regime, in particular for the purposes of detoxification. A copy of the judicial supervision order is sent by the examining magistrate to the doctor or psychologist who is to follow the person under investigation. Expert reports produced during the investigation or enquiry are sent to the doctor or psychologist, at their request or at the initiative of the examining magistrate. The investigating judge may also send them any other useful document from the case file;

11° Provide a bond, the amount of which and the time limits for payment, in one or more instalments, are set by the investigating judge or the liberty and custody judge, taking into account in particular the resources and expenses of the person under investigation ;

12° Not to engage in certain professional or social activities, with the exception of holding elected office or trade union responsibilities, where the offence was committed in the course of or in connection with the exercise of these activities and where there is a risk that a new offence will be committed. Where the activity in question is that of a lawyer, the Bar Council, when the matter is referred to it by the examining magistrate or the liberty and custody judge, alone has the power to order this measure, subject to appeal, under the conditions set out in the article 24 of law n° 71-1130 of 31 December 1971 on the reform of certain judicial and legal professions; the Bar Council shall give its ruling within fifteen days;

12° bis Not to engage in an activity involving habitual contact with minors where there is a risk that a new offence will be committed;

13° Not to issue cheques other than those which allow only the withdrawal of funds by the drawer from the drawee or those which are certified and, where applicable, to hand over to the registry the cheque forms the use of which is thus prohibited;

14° Not to hold or carry a weapon and, where applicable, to hand over to the court clerk's office against a receipt the weapons of which he or she is in possession;

15° To provide, within a period, for a period and for an amount determined by the investigating judge or the liberty and custody judge, personal or real sureties ;

16° Prove that he/she contributes to the family expenses or regularly pays the maintenance that he/she has been ordered to pay in accordance with court decisions and court-approved agreements relating to the obligation to pay benefits, subsidies or contributions to the expenses of the marriage ;

17° In the event of an offence committed against either the offender's spouse, cohabitee or partner in a civil solidarity pact, or against the offender's children or those of the spouse, cohabitee or partner, the offender must reside outside the couple's home or residence and, where applicable, refrain from appearing in this home or residence or in the immediate vicinity thereof, and, if necessary, receive health, social or psychological care ; the provisions of this 17° also apply when the offence is committed by the victim's former spouse or partner, or by the person who was linked to the victim by a civil solidarity pact, in which case the home concerned is that of the victim. For the application of this 17°, the investigating judge shall obtain or have obtained, as soon as possible and by any means, the victim's opinion on the appropriateness of requiring the perpetrator to reside outside the couple's home. Except in special circumstances, this measure is taken when the violence is likely to be repeated and the victim requests it. The investigating judge may specify how the costs of this accommodation are to be covered. When one of the obligations provided for in 9°, this 17° or 17° bis is imposed, the investigating judge or the liberty and custody judge shall decide, in a reasoned decision, on the suspension of the right to visit and accommodate the minor child of which the person under investigation is the holder;

17° bis Comply with the prohibition on approaching a victim of violence committed within a couple provided for in Article 138-3 and controlled by a mobile electronic anti-rapprochement device;

18° Comply with the conditions of health, social, educational or psychological care, designed to enable their reintegration and the acquisition of the values of citizenship; this care may, where appropriate, take place within a suitable reception facility in which the person is required to reside.

The detailed rules for the application of this article, in particular with regard to the authorisation of persons contributing to the judicial supervision, shall be determined as necessary by a decree in the Council of State.

The detailed rules for the application of this article, in particular with regard to the authorisation of persons contributing to the judicial supervision, shall be determined as necessary by a decree in the Council of State.