French Code of Criminal Procedure
In forceThe decision to place an adult under judicial supervision, on the basis of article 138-3, against a person of full age, a restraining order against the victim and the wearing of an anti-seizure bracelet is made by a reasoned order issued, depending on the case :
1° By the examining magistrate, in the light of the public prosecutor's written request, which is read to the person under investigation, and after hearing the observations of that person and his or her lawyer;
2° By the liberty and custody judge, who decides either on the basis of the public prosecutor's written submissions, which are read out to the person under investigation and after hearing that person's observations and those of his lawyer, or after an adversarial hearing in accordance with Article 145.
The decision is read out to the person under investigation.
It may also be decided, without any adversarial debate or prior hearing of the observations of the person and his or her lawyer, by an order ruling on an application for release or deciding on release on the person's own initiative.
The decision sets out the conditions under which the measure will be implemented, and in particular the pre-alert and alert distances separating the victim from the person placed under judicial supervision under the conditions set out in article R. 24-18. It is notified to the person placed under judicial supervision.
