Right of the execution of the sorrows in France

The right of the execution of the sorrows is the part of the criminal Law which relates to the period which makes following the delivery of the sorrow.

It cannot exist penal decisions, returned by repressive jurisdictions, without materially for the condemned person a loss of her freedom or its inheritance appearing. For this purpose, after the judgment, the execution of the sorrows, service depend on the Public ministry will implement, with the collaboration of the Juge of the application of the sorrows, of the penitentiary services, police force or the Treasury, the marked decisions.

It is about an aspect of the penal activity which had proceeded without precise rules and which tended to be put on side by the legislator and in the jurisdictions. Indeed, it frequently happened that after the delivery of the sorrow, its material execution (to make pay the fine, to involve an imprisonment.) was not or not very real (see in this direction the Wartsmann report/ratio). Vis-a-vis such difficulties, it was created a true right of the execution of the sorrows, which materialized by the law of March 9th, 2004 by the creation of the book fifth heading " procedures of exécution" Criminal procedure code.

As of on January 1st, 2005, into force a very important series of measurements was put to put at execution indeed the sorrows as soon as possible (article 707 C.P.P.).

The execution of the sorrows must be done in the respect of the interests of the company and the rights of the victim, the insertion or the reintegration of condemned like preventing the repetition.

The sorrows must be individualized and allow the progressive return of condemned and avoid a handing-over in freedom without legal follow-up.

It includes/understands then the penitentiary right which relates to the operation of the penal establishments, described the detention conditions and the rights and constraints of the recluses, their disciplinary mode, the maintenance of their family ties, etc.

It includes/understands finally the right of the application of the sorrows which includes the study of installations of all the sorrows (for example the prison), the procedure rules concerning the whole of these decisions of installations, the applicable terms of reference and the recourse against these decisions.

Authorities of execution of the sorrows

It is the Public ministry and the parts which continue the execution of the sorrows in what relates to them.

Public ministry - > penal Execution
Left - > civil Execution
Exception: The Treasury recovers the fines and the confiscations in the name of the Public ministry

Material acts

At the conclusion of any decision which carries declaration of culpability, the jurisdiction which pronounced the sorrow publishes “cards of execution” which are extracts of the minutes of the clerk's office and are certified by the clerk. Within sight of these cards, the Public ministry can carry out the sentence:

card rack: Police records National
card finance: authorization of covering for the Treasury
card nut: execution of a sorrow of imprisonment without deferment
“reference 7" : execution of a restrictive sorrow of the driving license

The execution

The decision should not be struck of call and must be consequently executory. The execution intervenes when the decision became final (Article 708 C.P.P.)

The Regulation of the sorrow

It can be made obstacle with the execution of the sorrow if it would be prescribed as soon as the decision is final:

for a crime: 20 years (Article 133-2 C.P.)
for an offense: 5 years (Article 133-3 C.P.)
for an infringment: 3 years (Article 133-4 C.P.)

The civil decisions resulting from a penal decision are prescribed according to the rules of the civil code (Article 133-6 C.P.).

The suspension or fractionation

The execution can be suspended or split only in the event of nonprivative sorrow of freedom for serious reasons (medical, family, professional or social).

The suspension or fractionation is a decision taken by the Public ministry or on its proposal by the Magistrates' court or of police force for a one month deadline.

The Magistrates' court can decide suspension or fractionation only for fines, days fines, a driving ban.

Means of the execution

The Public prosecutor and the Public prosecutor have the right to require directly the assistance of the Police force (Article 709 C.P.P.).

Incidents and dispute of the execution

They are carried in front of the jurisdiction which pronounced the sorrow (Article 710 C.P.P.), except for the Court of Assizes, the room of the instruction is qualified.

She decides as regards: - correction of material error, - confusion of sorrow (the court of competent jurisdiction is that of the place of detention), - any request (ex: interpretation of judgment, refusal of restitution by the Public ministry)

The audience is in room of the council and the appearance is of right only at the request of the applicant (Article 711 C.P.P.) Where necessary, letter of request can be ordered for hearing of the defendant, who can be carried out by a member of the Court.

Any judgment on the incident is meant with the parts interested in the request of the Public ministry.

The assessment of the execution

The Public prosecutor established an annual statement of account which includes/understands (Article 709-2 C.P.P.): - the state and of the completion periods - the report/ratio of the Treasurer general payer on the covering of the fines

This report/ratio is made public at the latest on June 30th of each year.

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