France

Code of Criminal Procedure: Loi relative à la coopération avec la Cour pénale internationale N. 2002-268 du 26 février 2002

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER II THE EXECUTION OF SENTENCES AND COMPENSATION IN FAVOUR OF VICTIMS
SECTION 2: THE EXECUTION OF PRISON SENTENCES


Article 627-18

Where, in accordance with article 103 of the statute, the Government has agreed to take in a person convicted by the International Criminal Court in order for him to serve his prison sentence in French territory, the sentence imposed is immediately enforceable from the transfer of this person onto French soil, for the part of the sentence that remains to be served.
Subject to the provisions of the statute and the present section, the enforcement and the application of the sentence are governed by the provisions of the present Code, with the exception of articles 713-1 to 713-7.


Article 627-19

On his arrival on French territory, the transferred person is presented to the district prosecutor of the area he arrives in, who interrogates him to establish his identity, this being noted in an official record. However, if the interrogation cannot be carried out immediately, the person is taken to prison, where he may be detained for a period not exceeding twenty-four hours. At the end of this period, he is automatically taken before the district prosecutor, as arranged by the head of the prison.
After considering the documents stating the agreement between the French government and the International Criminal Court relating to the transfer of the person concerned, a certified copy of the conviction judgment, and a court notification of the start date for the enforcement of the sentence and the length of time that remains to be served, the district prosecutor orders the immediate imprisonment of the convicted person.


Article 627-20

If the convicted person lodges a request to be placed abroad, or for partial liberty, reduction in his sentence, for his sentence to be suspended or to be served in parts, for placement under electronic surveillance or for release on parole, his request is sent to the public prosecutor at the appeal court for the area where the convicted person is imprisoned. The district prosecutor sends this request on to the Minister of Justice.
The latter sends the request to the International Criminal Court as soon as possible, together with all the relevant documents.
The International Criminal Court decides if the convicted person may or may not benefit from the considered measure. Where the Court’s decision is negative, the government indicates to the court whether it agrees to keep the convicted person on French territory or if it intends to request his transfer to another State appointed by the court.


Article 627-21

When, after an indictment decision, the accused has neither appeared nor been arrested within ten days of the notification being made to his home, or when after appearance or arrest he then escapes, the presiding judge of the assize court or, in his absence, the presiding judge of the court where the assizes are held, or the judge who replaces him, makes a ruling that he is obliged to appear again within a new time limit of ten days, failing which he will be declared a rebel against the law, his rights as a citizen will be suspended, his assets will be impounded during the investigation of the contumacy, legal proceedings of all kinds will be barred to him during the same period, that proceedings will continue against him, and any person who knows of his whereabouts will be obliged to make them known.
This ruling also contains a reference to the felony and the arrest order.

Keywords

Enforcement of sentence of imprisonment



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