Chapter II: Suspended probation

In the light of the report drawn up and submitted by the prison integration and probation service pursuant to the provisions of article L. 621-3 of the Penitentiary Code, the sentence enforcement judge, where the third paragraph of article 132-41-1 of the Penal Code has not been applied, determines the obligations and prohibitions to which the offender is subject and the assistance measures from which he or she benefits. If the same third paragraph has been applied, the sentence enforcement judge may modify, remove or supplement the obligations and prohibitions decided by the court; he shall determine the assistance measures from which the sentenced person benefits.

The judge will rule, at the latest within four months of the sentencing judgment, by means of a reasoned order, after receiving written submissions from the public prosecutor and after hearing the sentenced person's observations and, where applicable, those of his or her lawyer. If the court intends to require the offender to perform community service, it will make its decision after informing the offender of his or her right to refuse to perform community service and after receiving the offender's response. He will notify the offender of this order and warn him of the consequences of being convicted of a new offence committed during the probation period or of failing to comply with the supervision measures and special obligations imposed on him.

The person's material, family and social situation is reassessed whenever necessary during the execution of the sentence, and at least once a year, by the prison integration and probation service and the sentence enforcement judge.

In the light of each new assessment carried out by the penitentiary integration and probation service under the conditions provided for by the dispositions de l'article L. 621-3 du code pénitentiaire, le juge de l'application des peines peut, selon les modalités prévues à l'article 712-8 of this code and after hearing the sentenced person's observations and, where appropriate, those of his lawyer modify or supplement the obligations and prohibitions to which the sentenced person is subject or remove some of them; it may also, if it considers that the personality and the material, family and social situation of the sentenced person no longer justify it, order the end of the reinforced monitoring.

When the court has not applied the article 132-41-1 of the Penal Code, the sentence enforcement judge may, if he considers that the personality of the sentenced person justifies it, decide, at any time during the execution of probation, to apply the fifth and penultimate paragraphs of this article by ordering reinforced monitoring.