French Code of Criminal Procedure
In forceThe enforcement of sentences office provided for by article 709-1 is run by one or more registrars or agents of the registry of the judicial court or the court of appeal.
When the sentence is handed down in the presence of the defendant and the latter is not imprisoned, the office's role is to receive the defendant at the end of the hearing or in the days following the hearing, if necessary in the presence of his lawyer, to explain the decision against him and to provide him with a statement of sentence. In particular, he is responsible for:
1° Issuing him with a summons to appear before the sentence enforcement judge and, where applicable, before the prison integration and probation service, in the event of sentencing to an unsuspended prison sentence for which the remaining detention to be served is less than or equal to one year in accordance with the provisions of the first paragraph of article 474, unless a committal order with deferred effect has been issued ;
2° Issue a summons to appear before the prison integration and probation service in the event of a sentence of imprisonment suspended on probation, or a sentence of community service, in accordance with the provisions of the third paragraph of article 474 ; however, because of the sentence imposed or the personality of the convicted person, he may be summoned to appear before the sentence enforcement judge ;
3° Specify the practical procedures by which the convicted person may pay the fine, in the event of a fine or day-fine being imposed, after having informed the convicted person, where applicable, of the 20% reduction in the fine in the event of voluntary payment within a period of one month, without this payment being an obstacle to the exercise of appeals, if the notices provided for in Article 707-3 have not been delivered to the convicted person by the president or clerk of the court;
4° Issue him with a summons to appear before the service responsible for implementing this sanction in the event of a sentence of probation.
5° Issue him/her with a summons to appear before the public prosecutor when the court has issued a committal order with deferred effect pursuant to 3° of I or pursuant to III of Article 464-2, except when the date of incarceration has been given to the convicted person at the end of the hearing ;
6° Issue a summons to appear before the prison integration and probation service and, where applicable, before the sentence enforcement judge in application of articles D. 49-84 and D. 49-85 for the implementation of the sentence of home detention under electronic surveillance;
7° Issue a summons to appear before the penitentiary integration and probation service and before the sentence enforcement judge for the implementation of the sentence adjustment measure decided by the court pursuant to articles 132-25 and 132-26 of the Penal Code.
For the implementation of the provisions of this article, the sentence enforcement judge or his clerk and the director of the penitentiary integration and probation service shall communicate in advance to the sentence enforcement office the dates on which sentenced persons may be summoned to appear before this magistrate or service.
If the sentenced person resides in a jurisdiction other than that of the court that handed down the sentence, the summonses provided for in 1°, 2°, 6° and 7° of this article are issued by the territorially competent sentence enforcement judge in accordance with the provisions of article D. 147-10.
Non-compliance with the time limits of one month and forty-five days provided for in article 474 shall not constitute grounds for invalidity of the convocations of the sentenced person before the sentence enforcement judge or before the prison integration and probation service.
