A court that sentences you to a term of imprisonment of more than 6 months and less than or equal to 1 year must check if it is possible to fit it out.

The court must make a decision on this matter at the the sentencing hearing.

In making its decision, the court considers the possibility of implementing the development taking into account your personality, of your personal, family and professional situation and material conditions for implementation.

Sentencing arrangements you avoid going to jail and will allow you to carry out the sentence of one of them the following ways:

• Home detention under electronic surveillance : you wear an electronic bracelet and you can only leave your home at certain times, for example to go to work
• Semi-freedom : you are in prison, but you can go out at certain times (for example to go to work or to do administrative procedures)
• Outdoor Placement : you are housed in an authorized facility and you can go out to work, to take training or to receive care

Sentencing adjustments can be accompanied of some obligations and prohibitions which you will have to respect.

The sentencing judge (JAP) determines the obligations and prohibitions that you will have to comply with when adjusting your sentence.

The court may decide not to adjust the sentence if it considers that it does not have the necessary elements to decide or if it considers that the conditions of the adjustment are not fulfilled.

Lack of elements necessary for the decision

If the court considers that it does not have the necessary elements to choose the appropriate accommodation, it can order that you be summoned after the hearing before the Sentencing Enforcement Judge (JAP) to rule on the accommodation of the sentence.

Refusal of development

If the court considers that the sentence should not be adjusted, it may issue you with a deferred arrest warrant or a warrant for your arrest or detention.

The sentencing judge (JAP) may decide to adjust the sentence that has not been adjusted by the court.

If you were not incarcerated after conviction, the public prosecutor must inform the JAP before taking enforcement action against you.

If you have been incarcerated, you can apply to the JAP for accommodation, possibly via the probation and prison insertion officers.

The JAP may decide to adjust the sentence if it considers that this can ensure your reintegration.

He will make his decision taking into account your personality, your personal situation and the material possibility of setting up a sentence.

If the JAP considers that the conditions for a sentence adjustment are met, it may decide that the prison sentence may be carried out in one of the following ways:

• Semi-freedom
• Outdoor placement
• Home detention under electronic surveillance
• Splitting or suspension of sentence
• Parole
• Conversion of imprisonment to days fines

If your sentence of imprisonment of more than 6 months and less than or equal to 1 year has not been adjusted by the court that handed it down or by the sentencing judge, you will have to execute it.

But the decision must have become executive and a measure of coercion must be taken against you by the public prosecutor.

The sentence becomes final when the time limits for exercising the means of appeal have expired, or where the actions have been dismissed.

The system of imprisonment must be individualized

The law provides that the system of execution of prison sentences must be individualized.

This means that your prison conditions must take into account your personality as well as your family, material and social situation.

In addition, the detention regime must be updated as the sentence is carried out, after regular assessments of your personality and your family, material and social situation.

It is the judiciary and the prison administration that choose the prison where you will be incarcerated.

The sentencing judge sets the course

The Enforcement Judge (JAP) is responsible for setting the main conditions for the execution of prison sentences and monitoring their implementation.

It must take into account your conviction, your personality and your family, material and social situation.

At the beginning of your incarceration, you will be summoned by the sentencing judge, before or after meeting with a member of the Prison Service of Insertion and Probation (SPIP).

You can request to meet with the JAP at any time during your detention and the JAP can also summon you at any time.

The JAP is also responsible for monitoring the correct implementation of its measures.

You can refer problems related to your conditions of detention and your requests for a sentence adjustment to him.

The Prison Integration and Probation Service carries out the execution and monitoring

The insertion and probation service (SPIP) has the mission to accompany you in your sentence execution and prepare you for the release from prison.

He has penitentiary insertion and probation counselors who can help you in the following areas:

• Keeping in touch with your family
• Submission of requests for sentence adjustment to the sentencing judge
• Preparation for release from prison: accommodation, care, training, work, etc.
• Combating recidivism: combating illiteracy, drug addiction, etc.
• Access to culture: artistic workshops, cinema, etc.

Each prison has a single multidisciplinary committee, which meets at least once a month.

The commission examines the sentencing pathways of detainees and deals with individual requests to adjust the detention regime.

You can send your requests to the commission via the prison insertion and probation officers.

The single multidisciplinary committee shall be chaired by the school head or his representative.

You can be incarcerated when the conviction becomes final

The criminal conviction must become final before it can be carried out.

The sentence becomes final when the time limits for exercising the means of appeal have expired or where the actions have been dismissed.

Thus, your prison sentence of more than 1 year should not be applied directly after the hearing.

Once the decision is final, the prosecutor decides when you should be incarcerated.

You will be jailed immediately if the court issues a warrant for your arrest or arrest

When the court sentences you to a firm prison sentence of at least one year, he may decide that the conviction shall be executed immediately, even if it is not yet final.

In this case, the court must issue a deposit warrant at the hearing. You will then be taken directly to prison at the end of the trial.

If you are absent from the hearing, the court must issue a arrest warrant against you and you will be sought by law enforcement for your incarceration.

The court must indicate in the judgment the motives which justify the arrest warrant or the arrest warrant.

For example, the decision may be based on the circumstances in which you committed theinfringement, by your personality or by your material, family and social situation.

The system of imprisonment must be individualized

The law provides that the system of execution of prison sentences must be individualized.

This means that your prison conditions must take into account your personality as well as your family, material and social situation.

In addition, the detention regime must be updated as the sentence is carried out, after regular assessments of your personality and your family, material and social situation.

It is the judiciary and the prison administration that choose the prison where you will be incarcerated.

The sentencing judge sets the course

The Enforcement Judge (JAP) is responsible for setting the main conditions for the execution of prison sentences and monitoring their implementation.

It must take into account your conviction, your personality and your family, material and social situation.

At the beginning of your incarceration, you will be summoned by the sentencing judge, before or after meeting with a member of the Prison Service of Insertion and Probation (SPIP).

You can request to meet with the JAP at any time during your detention and the JAP can also summon you at any time.

The JAP is also responsible for monitoring the correct implementation of its measures.

You can refer problems related to your conditions of detention and your requests for a sentence adjustment to him.

The Prison Integration and Probation Service carries out the execution and monitoring

The insertion and probation service (SPIP) has the mission to accompany you in your sentence execution and prepare you for the release from prison.

He has penitentiary insertion and probation counselors who can help you in the following areas:

• Keeping in touch with your family
• Submission of requests for sentence adjustment to the sentencing judge
• Preparation for release from prison: accommodation, care, training, work, etc.
• Combating recidivism: combating illiteracy, drug addiction, etc.
• Access to culture: artistic workshops, cinema, etc.

Each prison has a single multidisciplinary committee, which meets at least once a month.

The commission examines the sentencing pathways of detainees and deals with individual requests to adjust the detention regime.

You can send your requests to the commission via the prison insertion and probation officers.

The single multidisciplinary committee shall be chaired by the school head or his representative.

The law sets a maximum term of imprisonment that can be imposed for each infringement.

That's what we call the penalty incurred.

The length of the penalties incurred for a offense punishable by imprisonment from 2 months to 10 years.

Some offenses are not punishable by a prison sentence, but only by a fine.

The length of the penalties incurred for a crime ranges from 15 years to life imprisonment (life imprisonment).

In all cases, the court is free to set a shorter period than the one incurred, depending on the facts and personality of the author of the offenseoffense.

If you are sentenced in the same trial to prison terms for several offenses (crime or misdemeanor), the cumulative sentence cannot exceed the maximum sentence.

Definition

The security period is a minimum period of time during which you must remain in prison without any penalty adjustment.

It can be decided in the case of conviction for some crimes and offenses serious (murder, violence...).

The length of the security period depends on whether you have been sentenced to life imprisonment or not.

Sentencing adjustments are not possible during the security period

If the court has given you a period of security, you cannot apply until the end of that period.

Sentencing can be adjusted after the end of the security period

If you are sentenced to more than 1 year in prison and have been incarcerated, you can apply to the Sentencing Judge (JAP) for a sentence adjustment.

In its examination, the JAP must take into account your material conditions of detention and the occupancy rate of the prison where you are incarcerated.

The JAP may order one of the following sentencing adjustments:

• Home detention under electronic surveillance : you wear an electronic bracelet, you can only leave your home at certain times, for example to go to work
• Semi-freedom : you are in prison, but you can go out at certain times, for example to go to work or to do administrative procedures
• Outdoor placement : you are housed in an authorized facility and you can go out to work, to take training or to receive care
• Parole : you are released by having obligations and prohibitions to comply with
• Constrained release : you are released with mandatory monitoring and control measures