French Code of Criminal Procedure
In forceThe decision to impose a detention order is taken by the regional detention court with territorial jurisdiction. This court is composed of a chamber president and two councillors of the court of appeal, appointed by the first president of this court for a term of three years.
This court is referred to for this purpose by the public prosecutor, on a proposal from the multidisciplinary committee on security measures provided for by article 763-10, at least three months before the date set for the sentenced person's release. It makes its decision after hearing both parties and, if the offender so requests, in public, during which the offender is assisted by a chosen or court-appointed lawyer. The sentenced person is entitled to request a second opinion.
The regional secure detention court may only order secure detention after verifying that the convicted person has actually been able to benefit, during the execution of his sentence, from medical, social and psychological care appropriate to the personality disorder from which he suffers.
The decision to keep the person in protective custody must be specially reasoned with regard to the provisions of article 706-53-14 and the third paragraph of this article.
This decision is enforceable immediately upon completion of the sentenced person's sentence.
It may be appealed to the Juridiction nationale de la rétention de sûreté, composed of three councillors at the Cour de cassation appointed for a period of three years by the first president of this court.
The national court rules in a reasoned decision, which may be appealed to the Supreme Court.
