Enforcement of a decision of the criminal judge

Verified 16 February 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Imprisonment The execution of a criminal sanction consists of paying the fine or carrying out the penalty of The penalty shall be enforced as soon as it becomes final. The Public Prosecutor is responsible for the effective enforcement of sentences. Nevertheless, the victim of a infringement may request to be kept informed of the execution of the sentence imposed on the perpetrator. Victims may also ask the courts to protect them and help them defend their interests.

The sentence handed down by the criminal judge must be enforced, but it must be awaited until it becomes final. This is the case when all avenues of appeal have been exhausted and there is no further possibility of appeal or appeal on a point of law.

The final decision may exceptionally be challenged by an extraordinary remedy, such as the revision.

Imprisonment If a pregnant woman who is more than 12 weeks pregnant is sentenced to a final sentence of child pornography, the public prosecutor or the sentencing judge must postpone her execution. The public prosecutor or the judge responsible for the enforcement of sentences may also enforce the sentence in open environment.

The public prosecutor or the public prosecutor of the court who has pronounced the sentence is responsible for the execution of the criminal measures.

In the case of fines, payment is requested by the State Treasury, but on behalf of the Public Prosecutor or the Attorney General.

Imprisonment For sentences of deposit warrantThe person is taken directly to prison after the trial.

If the court has not issued a detention order, it is up to the prosecutor to decide when the prison sentence will be served. He can then call on the police to arrest the person with a view to executing the prison sentence.

FYI  

the enforcement of civil measures of conviction (e.g. payment of damages) is the responsibility of the victim. It can be assisted by a commissioner of justice (formerly bailiff and judicial auctioneer) or by the Service for the Recovery of Victims of Crime (Sarvi).

Victims may apply to the Victims Judge for the following reasons:

  • Damage to his interests (e.g. concealment of his property by the convicted person)
  • Compensation for damage (e.g. seizure of the property of the sentenced person)
  • Request for information on the execution of the sentence (e.g. sentencing adjustments, release of the convicted person)
  • Need to ensure peace and security (e.g. failure of the perpetrator to comply with the contact ban)

The victim must then file or send his application, by means of the cerfa form n°13633, to the registry of the judge delegated to victims of the court competent for his domicile.

A photocopy of her identity document (e.g. identity card, passport or valid residence permit) must be attached to her application.

Collection of the victim's wish to be or not to be informed about the execution of the sentence

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