French Code of Criminal Procedure
In forceFor the application of Article 712-21, the sentence enforcement judge or court may, with the agreement of the public prosecutor, state, by reasoned order or judgment, that there is no need to order a new psychiatric assessment prior to a decision to adjust the sentence, if there is an assessment in the sentenced person's file that is less than two years old, including if it was carried out prior to sentencing.
Except in the case of a conviction for an offence mentioned in article 706-47 or constitutes a murder or assassination committed on a minor or as a repeat offender, the sentence enforcement judge may also, with the agreement of the public prosecutor, order by reasoned order a leave to go out without prior expertise ; the same applies to other decisions to adjust the sentence, by specially reasoned order or judgment stating that there is no need for an expert examination in view of the circumstances of the offence and the personality of the offender.
In addition, regardless of the misdemeanour or felony for which the person has been convicted, the sentence enforcement judge may, in an emergency and with the agreement of the public prosecutor, order a sentence suspension measure without prior psychiatric assessment in accordance with the provisions of article 720-1-1 when it results from a medical certificate, drawn up by the doctor in charge of the health facility in which the person is being cared for or by his substitute, that the person's vital prognosis is at risk or that his state of physical or mental health is permanently incompatible with continued detention.
In the event of multiple convictions, if the sentence handed down for the offence that gave rise to the sentence of socio-judicial supervision has already been served in full, the provisions of article 712-21 are no longer applicable. However, the sentence enforcement judge or court may order an expert opinion prior to the sentence adjustment measure pursuant to article D. 49-24.
