French Code of Criminal Procedure
In forceIn accordance with the provisions of the second paragraph of Article 731-1 et de l'article R. 61-34, adults may also be placed under mobile electronic surveillance if they have been sentenced to at least seven years' imprisonment for an offence for which socio-judicial supervision is required. Placement under mobile electronic surveillance is also possible in the event of conviction to a sentence of at least five years' imprisonment for violence or threats committed either against the victim's spouse, cohabitee or partner linked by a civil solidarity pact, or against the victim's children or those of the victim's spouse, cohabitee or partner; these provisions also apply when the acts were committed by the victim's former spouse or cohabitee, or by the person who was linked to the victim by a civil solidarity pact.
In accordance with the provisions of the second paragraph of Article 763-10, the sentence enforcement judge may first seek the opinion of the multidisciplinary committee for security measures on the appropriateness of granting conditional release with placement under mobile electronic monitoring.
The one-year period provided for in the first paragraph of article 763-10 does not apply to placement under electronic monitoring decided as part of a conditional release.
The sentence enforcement judge then notifies the sentenced person, prior to his release and the installation of the device provided for in article 763-12, that this placement cannot be implemented without his consent, but that if he refuses it or fails to fulfil his obligations, his conditional release may be revoked.
Parole may be withdrawn before the convicted person is actually released if he refuses to have the monitoring device fitted before his release, in accordance with the provisions of the second paragraph of Article 763-12 and Article R. 544-5 of the Penitentiary Code.
