French Code of Criminal Procedure
In forceIn the event of non-compliance by the sentenced person with the supervision and assistance measures, obligations or prohibitions mentioned in Article 131-4-1 of the Penal Code imposed on him, the sentence enforcement judge may, ex officio or at the request of the public prosecutor, in accordance with the procedures set out in article 712-8 of this code, modify or supplement the obligations or prohibitions to which the sentenced person is subject. The sentence enforcement judge may also issue a reminder of the measures, obligations and prohibitions to which the sentenced person is subject.
If the solution provided for in the first paragraph of this article is insufficient to ensure that the sentence is effective, the judge shall, of his own motion or at the request of the public prosecutor, by reasoned request, refer the matter to the president of the judicial court or a judge designated by him so that all or part of the term of imprisonment set by the court pursuant to the tenth paragraph of the article 131-4-1 of the Penal Code. The president of the court or the judge designated by him, who rules following a public adversarial hearing in accordance with the provisions of Article 712-6 of this Code, shall set the term of imprisonment to be served, which may not exceed that set by the court. The length of this imprisonment is determined according to the personality and the material, family and social situation of the sentenced person, the seriousness of the failure to comply with the measures, obligations and prohibitions, as well as the period during which the penal constraint has been enforced and the obligations that have already been respected or fulfilled. When the conditions provided for in Article 723-15 are met, the president of the court or the judge designated by him may decide that this imprisonment will be served under the regime of semi-liberty, out-of-court placement or electronic surveillance.
When applying the second paragraph of this article, the sentence enforcement judge may, if he considers it necessary, order the provisional incarceration of the sentenced person pursuant to the first two paragraphs of Article 712-19. If the adversarial hearing is not held before the president or the judge designated by him within fifteen days of the sentenced person's incarceration, he shall be released if he is not detained for another reason.
During the enforcement of the penal restraint, the sentence enforcement judge may apply the second paragraph of this article several times, provided that the total length of imprisonment ordered does not exceed that set by the court pursuant to the tenth paragraph of article 131-4-1 of the Penal Code. If the duration of the imprisonment ordered is equal to this duration or, taking into account any previous imprisonments ordered, reaches this duration, the decision of the president or the judge designated by him terminates the penal restraint.
