Subsection 2: House arrest with electronic surveillance

Articles in this section · 10

142-5142-6142-7142-8142-9142-10142-11142-12142-12-1142-13

Article 142-6

French Code of Criminal ProcedureIn force
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Updated 8 Nov 2023

Home detention with electronic monitoring is decided by reasoned order of the investigating judge or the liberty and custody judge, who rules after an adversarial hearing in accordance with Article 145 or in the light of the public prosecutor's written submissions, which are read to the person under investigation, and after hearing his or her observations and those of his or her lawyer.

It may also be decided, without adversarial debate or prior hearing of the observations of the person under investigation and his or her lawyer, by an order ruling on a request for release or deciding on release on the court's own initiative.


The judge rules after having the person under investigation verify his or her identity. The judge will rule after having the technical feasibility of the measure verified by the prison probation service, which may be called upon to do so at any time during the investigation. In criminal matters, this referral is mandatory in the following cases:


1° If it is requested by a detainee or his lawyer one month before the date on which detention may be extended, unless the investigating judge gives a specially reasoned decision to refuse;



2° Before the date on which the detention may be extended if the person is facing a prison sentence of five years or less, unless the judge gives a specially reasoned decision to refuse;


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or 3° Before the date of the second extension of detention where the person is liable to a prison sentence of five years or less. Unless he is considering placing the person under judicial supervision, the judge may only refuse to place the person under electronically monitored house arrest if this is impossible due to the person's personality or material circumstances.


If an appeal is lodged against the decision, the judge may order the person to be placed under electronically monitored house arrest. If an appeal is lodged against an order extending pre-trial detention without the provisions of the fourth to penultimate paragraphs having been complied with, the insertion and probation service must be referred to by the president of the investigating chamber.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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