French Code of Criminal Procedure
In forceThe sentence enforcement judge may issue a warrant to bring in a convicted offender under his supervision if the latter fails to comply with the obligations incumbent upon him.
If the convicted person is a fugitive or resides abroad, the judge may issue an arrest warrant. The issue of the arrest warrant suspends, until it is executed, the time limit for the execution of the sentence or accommodation measures.
In the event of urgency and the inability of the sentence enforcement judge and the judge sitting in his place, the warrant to bring may be issued by the public prosecutor, who shall inform the sentence enforcement judge as soon as possible; where it has not already been executed, the warrant shall lapse if it is not taken up again, within the first working day thereafter, by the sentence enforcement judge.
If the person is discovered, the following provisions shall apply.
The public prosecutor of the place of arrest is notified as soon as the person's detention begins by the police or gendarmerie services. During detention, which may not last more than twenty-four hours, the provisions of articles 63-2and 63-3.
The person is brought as soon as possible, and at the latest within twenty-four hours of his arrest, before the public prosecutor of the judicial court in whose jurisdiction the competent sentence enforcement judge sits. After verifying his identity and notifying him of the warrant, this magistrate presents him before the sentence enforcement judge who proceeds in accordance with the provisions of Article 712-6.
If the person cannot be brought before the sentence enforcement judge immediately, he or she must be brought before the liberty and custody judge. This judge may, at the request of the public prosecutor, order the sentenced person to be incarcerated until his or her appearance, depending on the case, before the sentence enforcement judge, which must take place within a maximum of eight days, or before the sentence enforcement court, which must take place within a maximum of one month.
If the person is arrested more than 200 kilometres from the seat of the sentence enforcement judge and it is not possible to bring him or her within the twenty-four hour period before the public prosecutor with jurisdiction under the sixth paragraph, he or she is brought before the public prosecutor at the place of arrest, who checks his or her identity, notifies him or her of the warrant and receives any statements he or she may make after warning him or her that he or she is free not to make any. The magistrate then executes the warrant by having the person taken to the prison; he or she notifies the sentence enforcement judge who issued the warrant. The latter orders the transfer of the person, who must appear before him or her within four days of notification of the warrant; this period is extended to six days in the event of transfer between an overseas department and mainland France or another overseas department.
The appearances before the enforcement judge or the enforcement court provided for in the seventh and penultimate paragraphs of this article may be carried out in accordance with the procedures provided for in Article 706-71. There is then no need to order the transfer of the person referred to in the penultimate paragraph of this article.
