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Criminal Security Surveillance
Verified 24 March 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Committing within a certain period of time, for a person who has already been convicted, a new offense which is the same or similar and which may result in a heavier penalty than that normally imposed
Act prohibited by law and punishable by criminal penalties
Most serious offense punishable by imprisonment (e.g. intentional killing or rape)
A person who has been given the power of sanction and/or coercion by the public authorities
Formality by which a procedural document or a decision is brought to the attention of a person
Day that lasts from 0am to 24h. A time limit calculated in this way does not take into account the day of the decision giving rise to the time limit, nor the day of the deadline. If the deadline ends on a Saturday or Sunday, it is postponed to Monday. If the period ends on a public holiday, it shall be postponed by one day. For example, if a deadline ends on a Saturday and the following Monday is a holiday, it is postponed to Tuesday.
An appeal to a judge which has the effect of preventing the application of a measure or decision, until the judge has decided
Name given to certain judicial decisions taken by a single magistrate (presiding judge, investigating judge, etc.). For example, an order by an investigating judge to refer the case to the correctional court.
Formalized writing for court action
Security surveillance is a control imposed by the courts on an inmate who has finished serving a criminal sentence. This screening is for inmates who are at high risk of recurrence. The judge takes into account the seriousness of the crime committed, the personality of the convicted person and the importance of his sentence. Judicial measures for the prevention of recidivism and rehabilitation may also be taken in respect of an inmate who has been convicted of a infringement of a terrorist nature.
What applies to you ?
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Criminal Security Surveillance
Security surveillance is a measure restricting freedom.
It is applied by the courts to a person convicted of a criminal offense crime serious, at the end of his sentence.
Security surveillance imposes certain obligations on the person and prevents him from living freely after his release from prison.
The objective is to protect the population by preventing recidivism.
Security surveillance covers persons who have committed certain grave crimes and who are still dangerous to business after serving their prison sentence.
What crimes are being targeted?
The situation varies depending on whether the crime was committed against an adult or a minor victim.
Major victim
The fact that the victim is a person is taken into account depositary of public authority or not.
General case
Security surveillance may be imposed only on persons convicted of one of the following serious crimes:
- Rape, murder or murder
- Torture and barbaric acts
- Kidnapping or sequestration
Moreover, the crime must have been committed with aggravating circumstances (vulnerable victim, racist or homophobic crime...) or in a state of recurrence.
Victim person in custody of public authority
Security surveillance may be imposed in the case of murder committed on a public official.
Minor victim
Security surveillance may be imposed on persons convicted of one of the following serious crimes:
- Rape, murder or murder
- Torture and barbaric acts
- Kidnapping or sequestration
The crime need not have been committed with aggravating circumstances or in a state of recurrence.
Who are the detainees involved?
The author must be considered as always dangerous and capable of reoffending even after his prison sentence.
Security surveillance shall be carried out if the following 2 conditions are met:
- Inclusion of sexual and violent offenders in the index is insufficient to prevent the risk of reoffending
- The measure is the only way to prevent the risk of recidivism
When does the measure apply?
Security surveillance applies only after release from prison, and as an extension of other recidivism prevention measures including:
- Socio-judicial supervision or judicial supervision, if the detainee has been sentenced to at least 15 years of criminal imprisonment
- Conditional release obligations with an order for medical care, where the person has been sentenced to life imprisonment
- Security Retention
Decision to place under security supervision
The decision is taken at the end of the sentence by the regional security detention court.
The panel, composed of judges, takes the case directly if it has already ruled on a previous detention order.
Otherwise, it is referred by the sentencing judge or the prosecutor for persons under judicial supervision or by the public prosecutor.
The person concerned must be present and may be assisted by a lawyer.
That court shall take its decision after the opinion of the Multidisciplinary Commission on Security Measures.
In making its opinion, the commission proposing safety monitoring relies on the individual file of the person and on the medical expertise which establishes that the person remains dangerous.
The same applies to the renewal of the measure.
The final decision of the court shall be notified to the data subject.
Appeals
The decisions of the regional court can be appealed to the national security detention court, which is located in the Court of Cassation.
Who shall I contact
This appeal must be made within the 10-year period free days from notification of the decision.
That action is not suspensive : Security monitoring may apply.
Obligations of the person
The person concerned must comply with the obligations laid down by the regional security detention court.
These may include the following:
- Injunction to care
- Placement under an electronic bracelet
- Subject to control measures by a social worker
- Prohibition to appear in certain places (home of the victim, in front of schools...)
- Prohibition on associating with certain persons (e.g. accomplices)
Tracking the person
The person concerned is placed under the supervision of the judge responsible for the enforcement of sentences.
Its obligations may be relaxed or strengthened to take account of its evolution.
These changes are made by ordinance the President of the Regional Security Detention Court.
They may be appealed to the relevant court within 10 free days of their notification.
The convicted person may be entered in a file:
- It shall be entered in the FIJESE: titleContent whether she has been convicted of sexual offenses (rape, touching, etc.) or violent offenses (torture and barbaric acts, etc.). This file allows the tracking and location of convicted persons after their release from prison.
- It shall be entered in the Fijait: titleContent whether she was convicted of acts of terrorism.
Please note
the victim may address the judge responsible for victims to be kept informed when the convicted person is released from prison.
Non-compliance with obligations
In the event of non-compliance with the obligations, the President of the regional court may order ex officio the temporary placement in a social-medical-judicial security center.
This is the case when the person refuses to start or continue medical treatment. The sentencing judge can then issue an arrest warrant against the person under supervision.
This emergency measure presupposes that increased security supervision is insufficient to prevent the risk of recidivism.
This temporary placement measure must be confirmed within 3 months by a decision of the regional court and after a favorable opinion of the multidisciplinary commission.
This decision may be subject to appeal.
If there is no decision confirming the detention, the sentencing judge automatically terminates the detention.
The decisions of the regional court can be appealed to the national security detention court, which is located in the Court of Cassation.
Who shall I contact
This appeal must be made within the 10-year period free days from notification of the decision. That action is not suspensive : Security monitoring may apply.
Placement under security supervision is pronounced for a period of 2 years.
The measure may be renewed for the same period if the risk of recidivism persists.
After a period of 3 months from the security supervision order, the placed person may apply to the regional court for an end to that measure.
The court having jurisdiction shall be the one which took the initial decision. She's at the appeals court.
Who shall I contact
In the absence of a reply from the court within three months, the measure shall be lifted of its own motion.
If the application is rejected, no further application may be submitted before the expiry of a period of 3 months.
The decisions of the regional court can be appealed to the national security detention court, which is located in the Court of Cassation.
Who shall I contact
This appeal must be made within the 10-year period free days from notification of the decision.
That action is not suspensive : Security monitoring may apply.
Prevention of terrorist recidivism
The judicial measure for the prevention of terrorist recidivism and for reintegration is a decision restricting freedom.
It may be made in respect of a person convicted of an offense infringement of a terrorist nature, at the end of his sentence.
The measure imposes certain obligations or prohibitions on the sentenced person.
The objective is to help the convicted person reintegrate and to ensure that he or she does not commit new terrorist offenses.
The judge competent to take the judicial measure for the prevention of terrorist recidivism is the judge of the application of the sentences of the judicial court of Paris.
The judge may impose one or more of the following obligations or prohibitions on a person convicted of a terrorist offense:
- Obligation to pursue a professional activity or to undergo vocational training
- Prohibition of engaging in the activity in the course of which the offense was committed
- Obligation to reside in a specific place
- Placement in the National Prison Administration Assessment Center for a period of between 6 and 12 weeks
If the person concerned is to be detained for any other reason during the period of application of the measure, the obligations and prohibitions shall be suspended.
If the detention for another reason exceeds 6 months, the measure must be confirmed within 3 months of his release. Otherwise, it becomes ineffective.
The measure for the prevention of terrorist recidivism and rehabilitation is monitored by the judge of the application of sentences of the Paris judicial court.
It must ensure that the person concerned complies with the obligations or prohibitions imposed on him.
The judge may instruct the penitentiary service for the insertion and probation of the place of residence of the person to ensure compliance with the obligations.
If the convicted person fails to comply with his obligations, the Prison Service for Insertion and Probation must inform the judge.
The sentencing judge of the Paris judicial court may decide to adapt the obligations or prohibitions to facilitate enforcement.
In case of non-compliance with the obligations and prohibitions, the detainee is liable to a penalty of 3 years imprisonment and €45,000 of fine.
Challenge of the measure
The person who is the subject of a judicial measure for the prevention of terrorist recidivism and for reintegration may challenge the measure before the Chamber for the Application of Sentences of the Court of Appeal of Paris.
The challenge must be made within 10 days of the notification of the decision.
Lapse of the measure
If the person concerned considers that the conditions of application of the measure are no longer justified, he or she may request the lifting of the measure before the Paris Court of Sentences.
The request must be made within three months of the date of the decision which ordered it.
The request must be made by request written form lodged at the court registry or sent by registered post with acknowledgement of receipt.
Who shall I contact
If the court does not reply within three months, the measure is automatically lifted.
If the application is rejected, no further application may be submitted before the expiry of a period of 3 months.
Modification of the measure
If the person concerned wishes to have his or her obligations changed, he or she may apply to the Paris Tribunal for the Application of Sentences.
The request must be made by request written form lodged at the court registry or sent by registered post with acknowledgement of receipt.
The court must issue its decision within three months.
If the court has not rendered its decision within this period, the person can make an application to the chamber of the application of sentences of the Court of Appeal of Paris. The request must be made by request by registered letter with acknowledgement of receipt or at the registry of the court of appeal.
Who shall I contact
The Paris Chamber of Sentence Enforcement must issue its decision within 1 month.
Placement under security supervision
Duration of the security surveillance
Placement under judicial measures for the prevention of terrorist recidivism and for reintegration
Proceedings before the Paris Tribunal for the Application of Sentences
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