Chapter V: Applications to suspend enforcement of the sentence

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625

Article 625

French Code of Criminal ProcedureIn force
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Updated 7 Nov 2023

The Criminal Division, when it orders the suspension of enforcement of the sentence, may decide that this suspension is accompanied by the obligation to comply with all or some of the conditions for conditional release set out in the articles 731 and 731-1, including, where applicable, those resulting from placement under mobile electronic surveillance.

The decision specifies the obligations and prohibitions to which the offender is subject, and designates the enforcement judge under whose supervision the offender is placed. The sentence enforcement judge may modify the obligations and prohibitions to which the sentenced person is subject, under the conditions provided for in Article 712-6.

These obligations and prohibitions apply for a period of one year, which may be extended, for the same period, by the criminal chamber.

In the event of a breach by the convicted person of the obligations and prohibitions to which he is subject, the sentence enforcement judge may refer the matter to the criminal chamber for an end to the suspension of enforcement of the sentence. He may issue the warrants provided for in article 712-17 and order the provisional incarceration of the convicted person pursuant to article 712-19. The Criminal Division must then rule within one month. If it does not end the suspension of enforcement of the sentence, it may modify the obligations and prohibitions to which the convicted person is subject.

If the court hearing the appeal quashes the sentence without ordering the suspension of enforcement, the person serving a custodial sentence will remain in detention, which may not exceed the duration of the sentence imposed, until the decision of the full Court of Cassation or the court hearing the case on the merits, as the case may be. This decision must be made within one year of the annulment decision of the Court of Revision and Reconsideration. In the absence of a decision by the Court of Cassation or the court hearing the case within this period, the person is released, unless he or she is being detained for another reason. During this same period, the person shall be deemed to be held in pre-trial detention and may make applications for release under the conditions set out in Articles 148-6 and 148-7. These requests shall be examined under the conditions provided for in articles 148-1 and 148-2. However, where the panel of the Court of Revision and Reconsideration has referred the case to the full Court of Cassation, applications for release shall be examined by the Investigating Chamber of the Court of Appeal within whose jurisdiction the court that sentenced the person concerned has its seat.

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Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

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Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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