French Code of Criminal Procedure
In forceWhen the sentence enforcement judge has granted the sentenced person leave to go out, pursuant to articles D. 143 to D. 145, the subsequent temporary absences provided for by these same articles may be granted by the prison governor, in accordance with the third paragraph of article 723-3.
Where applicable, the sentence enforcement judge sets the obligations and prohibitions of articles 132-44 and 132-45 of the Penal Code, which will apply to temporary absences granted in this way. He is also competent to modify them or order their release according to the same forms.
The sentence enforcement judge may decide in the decision granting a temporary leave that the provisions of the third paragraph of article 723-3 are not applicable. In the same way, the sentence enforcement judge may subsequently order, either on his own initiative or at the request of the public prosecutor or the head of the establishment, that these provisions are no longer applicable. These decisions constitute measures of judicial administration that cannot be appealed.
The head of the establishment who grants a temporary leave pursuant to the provisions of this article shall decide after receiving the written opinion of the prison probation service. He shall immediately inform the competent sentence enforcement judge and public prosecutor of his decision.
If the head of the establishment refuses to grant the leave, he will inform the offender that this decision cannot be appealed, but that the offender may submit the same request for leave to the enforcement judge.
When a request falling under the provisions of the last paragraph of article 723-3 is referred to the head of the establishment, the head of the establishment must make a decision no later than two months following the submission of the request in accordance with the conditions set out in article D. 49-11. Failing this, the offender may refer the matter directly to the sentence enforcement judge in the same way.
