Sentence reductions

Verified 06 January 2025 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You've been sentenced to a custodial sentence for committing a infringement ? Regardless of when your conviction became definitiveHowever, you can benefit from reduced sentences. Thus, the actual sentence you will serve will be reduced compared to the sentence you will serve by the criminal judge. We present you with the information you need to know.

The sentencing mechanism has changed since the 1er January 2023.

If you were deprived of liberty before that date, you are granted a reduced sentence category automatically. But the application sentencing judge may subsequently grant you additional sentence reductions if you meet certain conditions.

If you have been convicted after 1er january 2023, on JapJap : Sentencing application Judge may grant you a reduced sentence only if you are behaving well during the custodial sentence and that you demonstrate your efforts to reintegrate into the business.

Warning  

No reduction of sentence may be granted to persons sentenced to imprisonment for a term of perpetuity.

Since January 1, 2023

A reduction of sentence may be granted if you are definitely condemned to a custodial sentence that you're executing in France.

Moreover, it is necessary that you demonstrate good conduct during your deprivation of liberty.

Your good behavior may result in:

  • Rules and regulations Respect for the freedom of the prison in which you are incarcerated
  • Maintaining respectful relationships with prison staff and other prisoners
  • The respect of the timetable in case of outplacement, of semi-liberty or home detention under electronic surveillance
  • Your presence at appointments set by the application sentencing judge.

You must also to have made serious reintegration efforts. These efforts may include the following:

  • Follow-up to a school, university or vocational training course
  • Learning to read, write and calculate in prison
  • Participation in cultural activities planned by the prison
  • The signing of an employment contract
  • Follow-up therapy to avoid risks of recurrence
  • Compensation to the victim the offense for which you have been convicted.

Obtaining a reduction of sentence at the initiative of Jap

Once a year, on application sentencing judge He or she must decide whether to grant you a reduced sentence: he or she examines your good conduct and the efforts made to rehabilitate you. You don't have to ask for it.

To give you a reduced sentence, the JapJap : Sentencing application Judge analyze your behavior during your custodial sentence and look for if you've made any reintegration efforts.

After reviewing your situation and obtaining the opinion of the committee on the application of penalties, on JapJap : Sentencing application Judge makes a reasoned decision.

If you are not satisfied with this decision, you can challenge it before the sentencing application chamber.

You have a deadline of 24 hours from notification of the decision.

Who shall I contact

Warning  

In front of the application Sentences Chamber, you must be assisted by a lawyer.

Who shall I contact

Obtaining a reduction of sentence following the request of the convicted person

You can apply for a reduced sentence by filing a request at the Registry of the application sentencing judge.

Your application must be accompanied by any element enabling demonstrate that you have behaved well during your deprivation of liberty and that you have serious reintegration efforts. These may include:

  • Report of the penitentiary service for insertion and probation of the penal institution on which you depend
  • Employment contract
  • Proof of completion of school, university or vocational training
  • Diploma obtained in prison
  • Medical evidence that you are undergoing therapy
  • Proof of compensation to the victim.

Your application must also include your signature and/or that of your lawyer.

It must be transmitted to the JapJap : Sentencing application Judge competent for the place where you are performing your custodial sentence . It can be delivered by hand or sent by letter RARRAR : Recommended with notification of receipt.

Who shall I contact

FYI  

If you are incarcerated, you can also give a statement to the head of the penitentiary in which you are. In this case, your request will be immediately forwarded to the JapJap : Sentencing application Judge.

If these rules are respected, Japan shall examine your situation and seek the opinion of the committee on the application of penalties. Then he makes a reasoned decision.

If you are not satisfied with this decision, you can challenge it before the sentencing application chamber. You have a deadline of 24 hours from notification of the decision.

Please note

In front of the application Sentences Chamber, you must be assisted by a lawyer. If you don't have the resources to hire a lawyer, you can to apply for legal aid.

Who shall I contact

The amount of the penalty reduction is determined by the length of the sentence custodial sentence to which you have been sentenced.

If you are serving more than one sentence at a time, you are subject to the system of reduced sentences applicable to penalty incurred the longest.

Please note

If you were in pretrial detention before your judgment, how long you were prisoner shall be taken into account in calculating the amount of the penalty credit.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Vous avez choisi

Choisissez votre cas

Deprivation of liberty for less than 1 year

The length of the sentence reduction also varies depending on the nature of the the offense that you committed.

General case

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 14 days per month incarceration.

Crime or misdemeanor against a person in custody of public authority

In this case, the amount of reduced sentences differs depending on the offense committed against the person depositary of public authority.

Murder or torture

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 7 days per month of incarceration.

Violence

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 9 days per month of incarceration.

Offenses for which socio-judicial follow-up is incurred

If you have been convicted of committing an offense infringement for which a social and judicial follow-up is incurred (example: rape or sexual assault) and you do not follow the proposed treatment, the maximum length of the reduction of sentence that may be granted to you is 7 days per month of incarceration.

Please note

Those rules shall apply to persons who were in pretrial detention before 31 december 2022 and who were convicted after 1er January 2023.

Terrorism offense

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 7 days per month of incarceration.

Please note

These rules shall not apply in the case of incitement to terrorism or defense of terrorism.

Deprivation of liberty for more than 1 year

The length of the sentence reduction also varies depending on the nature of the the offense that you committed.

General case

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 6 months per year of imprisonment.

Crime or offense committed against a person in the custody of public authority

In this case, the amount of reduced sentences differs depending on the offense committed against the person depositary of public authority.

Murder or torture

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 3 months per year of imprisonment.

Violence

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 4 months per year of incarceration.

Offenses for which socio-judicial follow-up is incurred

If you have been convicted of committing an offense for which social and judicial follow-up is incurred (example: rape or sexual assault) and you do not follow the proposed treatment, the maximum length of the reduction of sentence that may be granted to you is 3 months per year of imprisonment.

Terrorism offense

The maximum length of the reduced sentence that may be granted to you by the JapJap : Sentencing application Judge is 3 months per year of imprisonment.

Please note

These rules shall not apply in the case of incitement to terrorism or defense of terrorism.

After your release, you may be subject to obligations set by the application sentencing judge.

For example, the JapJap : Sentencing application Judge may force you to:

  • Respond to Summons from penitentiary service for insertion and probation
  • Notify him of your job changes
  • Notify them when they change their residence
  • Tell him if you go on holiday for more than 15 days
  • Refrain from driving certain vehicles
  • Do not go to certain places (for example, a drinks bar)
  • Avoid dating certain people (example: accomplice of the offense which you have committed).

Jap sets the time frame for you to meet these obligations. This time may not exceed the duration of the reduction of sentence granted.

For example, if you receive a 5-month sentence reduction, you must comply with the obligations set by the Jap for a maximum of 5 months.

The reduction of sentence granted to you can be withdrawn in 2 situations:

  • In the year following the date on which you were granted it, you behaved badly (e.g. infringements, refusal to submit to direct debits to establish your genetic fingerprinting, non-compliance with your sentence adjustment, etc.).
  • After your release, you do not comply with the obligations and prohibitions set by the application Sentence Judge.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Vous avez choisi

Choisissez votre cas

Misconduct

The year following the year in which you received the discount, your behavior is monitored.

In the event of misconduct, the head of the penitentiary institution, the public prosecutor or Jap may consider withdrawing the sentence reduction.

If such withdrawal is contemplated, you are notified (or your lawyer is informed) at least 10 days before the review date for your situation.

During this period, you (or your lawyer) may make written submissions in defense of yourself.

You can submit those comments to the JapJap : Sentencing application Judge by means of a form sent to you by the head of the penitentiary on which you are dependent.

The JapJap : Sentencing application Judge may also call you in to hear you.

FYI  

In front of the JapJap : Sentencing application JudgeHowever, the assistance of a lawyer is not mandatory but is advised.

If you don't have the financial resources to hire such a professional, you can to apply for legal aid.

The decision to withdraw shall be taken by the application Sentence Judge, after the committee on the application of penalties.

He can withdraw all or part of the reduction of sentence granted to you.

The application Sentence Judge must make a ordinance specifying the reasons for the withdrawal.

This decision can be appealed within 24 hours following the notification of the ordinance.

It's the sentencing application chamber who will consider your appeal.

Please note

In front of the application Sentences Chamber, you must be assisted by a lawyer.

Who shall I contact

Non-compliance with Jap obligations

If you do not comply with your obligations and prohibitions after your release, the JapJap : Sentencing application Judge may decide to withdraw all or part of the sentence reductions granted to you. So you can be returned to prison.

In making its decision, Jap hears your observations (or those of your lawyer) and those of the public prosecutor during a adversarial debate.

Please note

In front of the JapJap : Sentencing application JudgeHowever, the assistance of a lawyer is not mandatory but is advised.

If you don't have the financial resources to hire such a professional, you can to apply for legal aid.

At the end of this debate, the application Sentence Judge makes a ordinance specifying the reasons for the withdrawal.

This decision can be appealed within 24 hours following the notification of the ordinance.

It's the sentencing application chamber who will consider your appeal.

Please note

In front of the application Sentences Chamber, you must be assisted by a lawyer.

Who shall I contact

Before January 1, 2023

If you have been convicted before 2023, you can benefit from 2 types of sentence reductions that are cumulative:

  • The penalty credit granted as soon as the conviction has become definitive
  • Additional sentencing reductions that may be granted during the custodial sentence.

Reduced penalty credit automatically the time you are deprived of liberty.

You don't have to ask for it. The penalty credit shall be granted, unconditional, on the day on which the conviction becomes definitive.

As soon as you enter prison, you are informed of the expected date of your release.

Who can receive a penalty credit?

In principle, if you've been convicted before 1er january 2023, you get a penalty credit regardless the offense that you committed.

However, this type of sentence reduction does not apply to the authors:

  • Acts of terrorism
  • Of murder, torture or violence committed against a person depositary of public authority.

How long is a sentence credit?

The penalty credit is determined by the length of the sentence custodial sentence to which you have been sentenced.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Vous avez choisi

Choisissez votre cas

Deprivation of liberty for less than 1 year

The benefit of a penalty credit allows you to have your custodial sentence reduced by 7 days per month of incarceration.

Example :

You're sentenced to six months in prison. In this case, you receive a penalty credit equal to 42 days. You have 4 months and 18 days to complete.

Deprivation of liberty for more than 1 year

By benefiting from a penalty credit, your custodial sentence is reduced:

  • Three months for the first year of incarceration
  • 2 months per year of incarceration for subsequent years
  • 7 days per month for the remaining time (up to 2 months for sentences of more than 1 year).

Example :

You are sentenced to 3 years and 9 months in prison. The 1re year, you benefit from 3 months of credit. The seconde and 3e year, you benefit from 4 months (2 + 2). For the remaining 9 months, you normally have 7 days per month, or 63 days. However, as long as you have been sentenced to more than 1 year, you cannot benefit from a 63-day reduction but from a maximum of 2 months. The penalty credit being 9 months (3 + 4 + 2), you have 3 years to complete.

If you were in pretrial detention before your judgment, how long you were prisoner shall be taken into account in calculating the amount of the penalty credit.

Example :

The court sentenced you to 2 years imprisonment and you've already served 1 year of pretrial detention. In this case, you receive a penalty credit of 3 months for the year of pretrial detention and 2 months for the period of imprisonment. So after conviction definitive, you only have seven months left in prison.

Can the penalty credit be withdrawn?

The rules around the withdrawal of a penalty credit depend on why the withdrawal is being considered.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Vous avez choisi

Choisissez votre cas

Misconduct or refusal of care

In case of misconduct, the application sentencing judge may withdraw all or part of the penalty credit granted to you.

Misconduct can result in:

  • Non-compliance with prison rules
  • Non-compliance with certain obligations ordered under a semi-liberty, a outplacement or a home detention under electronic surveillance
  • Aggressive behavior toward prison staff or other prisoners
  • The commission of a new infringement during incarceration or after your release.

This withdrawal can also take place if you have been convicted of committing an offense infringement incurring social and judicial follow-up (example: sexual assault) but you are not following the proposed treatment.

FYI  

If you serve your sentence in prison, the JapJap : Sentencing application Judge may not withdraw more than 3 months per year and 7 days per month.

If Jap is considering withdrawing your sentence credit, it should inform you and give you an opportunity to comment before it makes a decision.

The Jap makes a ordinance after consulting the committee on the application of penalties.

You can challenge this decision before the sentencing application chamber on which the judge who made the contested decision depends.. You have a deadline of 24 hours from notification of the ordinance.

Who shall I contact

Please note

In front of the application Sentences Chamber, you must be assisted by a lawyer.

Who shall I contact

Refusal to submit to a levy

If you refuse to submit to direct debits to establish your genetic fingerprinting, on JapJap : Sentencing application Judge you must withdraw your credit for pain.

However, after considering your situation, he may decide that this withdrawal will only be partial.

You can challenge this decision before the sentencing application chamber on which the judge who made the contested decision depends.. You have a deadline of 24 hours from notification of the ordinance.

Who shall I contact

Please note

In front of the application Sentences Chamber, you must be assisted by a lawyer.

Who shall I contact

Additional sentencing reductions reduce the length of sentence served by custodial sentence. They may be granted during detention.

Who can benefit from additional sentence reductions?

In principle, this type of reduction of sentence can be granted to any person who shows social rehabilitation efforts during its custodial sentence.

One social rehabilitation effort may manifest as:

  • Obtaining a school, university or professional exam
  • Learning to read, write and count
  • Participation in cultural activities planned by the prison
  • Follow-up therapy to avoid risk of recurrence
  • Compensation for victims.

Warning  

Except for exceptions, if you have been convicted of committing an offense infringement incurring social and judicial follow-up (example: rape) and you do not follow the proposed treatment, you cannot benefit from additional sentence reductions.

What is the procedure for obtaining additional sentence reductions?

Once a year, on application sentencing judge must decide whether to grant you additional sentence reductions. It can do so automatically or on your request.

Please note

If you have been in pretrial detention for more than a year, the JapJap : Sentencing application Judge must review your situation within 2 months from the time your conviction became definitive.

If you apply, it must be in the form of a request lodged at the Registry:

  • From the application of Sentences Judge of your place of deprivation of liberty
  • Or the prison you are in, if you serve your sentence in prison.

It must be sent by letter RARRAR : Recommended with notification of receipt or by hand.

Who shall I contact

Warning  

Your application must be accompanied by any document proving your social rehabilitation efforts. It must be signed by you or your lawyer.

The JapJap : Sentencing application Judge must give its decision within two months of the date on which it is seised.

Sound ordinance arguments may be given only after the opinion of the committee on the application of penalties.

If you are not satisfied with this decision, you can challenge it before the sentencing application chamber.

You have a deadline of 24 hours from notification of the decision.

Please note

In front of the application Sentences Chamber, you must be assisted by a lawyer.

Who shall I contact

How long can the additional sentence reductions be?

The JapJap : Sentencing application Judge freely chooses the length of the additional sentence reductions he grants you up to:

  • 3 months per year of imprisonment
  • 7 days per month when the remaining period of incarceration is less than one year.

FYI  

If you have been convicted of an offense that social and judicial follow-up and that you do not follow the treatments offered, the JapJap : Sentencing application Judge can exceptionally grant you additional sentence reductions up to:

  • 2 months per year of incarceration
  • 4 days per month when the remaining period of incarceration is less than one year.

Can additional sentence reductions be withdrawn?

If you do not comply with your obligations and prohibitions after your release, the JapJap : Sentencing application Judge may decide to withdraw all or part of the sentence reductions granted to you. So you can be returned to prison.

In making its decision, Jap hears your observations (or those of your lawyer) and those of the public prosecutor during a adversarial debate.

Please note

In front of the JapJap : Sentencing application JudgeHowever, the assistance of a lawyer is not mandatory but is advised.

If you don't have the financial resources to hire such a professional, you can to apply for legal aid.

At the end of this debate, the application Sentence Judge makes a ordinance specifying the reasons for the withdrawal.

This decision can be appealed within 24 hours following the notification of the ordinance.

It's the sentencing application chamber who will consider your appeal.

Who can help me?

Find who can answer your questions in your region

FAQ