Suspension
Verified 24 March 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The suspension suspends the execution of all or part of the sentence imposed (prison or fine). It may be revoked in the event of non-compliance with the obligations imposed on the convicted person and/or in the event of a new offense. There are various types of stays: simple stays, probationary stays, probation stays, and community service stays. Since March 24, 2020, the only two types of stays that can be granted are simple stays and probation.
The rules vary depending on whether the sentence has been imposed before 24 march 2020 or from 24 march 2020.
Before
Prior to March 24, 2020, the court could grant three types of stays: a simple stay, a probation stay, or a community service stay.
What's this about?
A simple stay of execution suspends the execution of a prison sentence and/or a fine for a period called a probation period. The simple conditional sentence is contrary to the firm sentence, which must be completed.
A simple stay may be:
- total, i.e. the entire fine and/or prison sentence is suspended
- or partial, that is, one part of the sentence is suspended and another part, which is firm, must be carried out.
For example, if a person is sentenced to 5 years in prison, including 2 with a simple conditional sentence, that means that he or she is sentenced to 3 years in prison and 2 years in prison with a conditional sentence. This person must carry out the mandatory 3-year prison sentence. The 2-year suspended sentence will only be imposed if the suspended sentence is revoked.
Sentences that may be subject to a simple conditional sentence
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Total reprieve
Suspension may be applied to the following penalties:
- prison sentences of up to 5 years,
- fine and day penalty, regardless of the amount,
- penalty restricting rights.
Partial reprieve
The partial suspension may be applied to the following penalties:
- prison sentences of up to 5 years,
- penalty of fine and day fine, regardless of amount.
FYI
in the case of partial suspension, the period for testing the suspension shall be suspended until the firm part of the sentence has been served.
Sentenced persons eligible for a simple deferral
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The person has never been convicted
The deferral can apply in all cases.
The person has already been convicted
To a prison sentence
She is again on trial for a crime
A simple deferral cannot be granted in any case if the person has already been sentenced to a prison sentence (with or without a deferral) within 5 years before the facts that justified the new conviction.
She's being tried again for a ticket
The sentence may be suspended even if the person has been sentenced to a prison term before.
To a non-prison sentence
She is again on trial for a crime
If the person has been sentenced within 5 years before the offense to a fine or to a withdrawal of rights, the suspension may be applied only to the prison sentence imposed.
The penalty of fine or withdrawal of a right imposed in this case will necessarily be a firm penalty.
She's being tried again for a ticket
If the person has been sentenced within 2 years before the offense to a fine or to a withdrawal of rights, the suspension may be applied only to the prison sentence imposed.
The penalty of fine or withdrawal of a right imposed in this case will necessarily be a firm penalty.
Procedure
The application of the stay shall be decided by the court in charge of the case. A stay of execution is imposed at the same time as the sentence.
If the simple deferral is respected
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Total reprieve
The convicted person shall comply with the conditional sentence if he or she does not commit a new offense within five years from the day on which the conviction became final (i.e. after the appeal periods).
In this case, the sentence will not be enforced and it will be deleted from Bulletin No. 2 of the criminal record, but will remain on Bulletin No. 1.
Partial reprieve
The convicted person shall comply with the conditional sentence if he or she does not commit a new offense within five years from the day on which the conviction became final (i.e. after the appeal periods).
In this case, the part of the sentence with a simple conditional sentence is considered non-existent. This means that it can no longer be executed. The firm part of the sentence must be carried out.
But if the hard part of the sentence is a prison sentence and it could not be executed before the end of the trial period of the simple stay, it will no longer be able to be executed.
Warning
if after five years, it is discovered that an offense has been committed within the trial period, the simple stay may be revoked.
If the simple stay is not respected
The simple stay may be revoked if the convicted person commits a new offense within the trial period.
Revocation is not automatic, and the retrial court must make a specific decision that pronounces it.
The court that revokes the suspended sentence may decide to carry out all or part of the suspended sentence.
If the initial suspension was a partial suspension, the suspension may be revoked only once. Conditional sentences cannot be revoked multiple times.
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The initial stay was for a crime or offense
The new sentence is a prison sentence
The suspension may be revoked and the conditional sentence may be enforced if:
- the convicted person commits a new crime or a new offense within 5 years after the 1er judgment has become final,
- imprisonment and is sentenced to a term of
FYI
the court which revokes the stay may also take a special and reasoned decision to have the convicted person imprisoned.
The new conviction is a fine or the withdrawal of a right
The suspension may be revoked and the conditional sentence may be enforced if:
- the convicted person commits a new crime or a new offense within 5 years after the 1er judgment has become final,
- and is sentenced to a penalty other than imprisonment, i.e. a fine or withdrawal of a right.
For example, if a person is sentenced to €1000 a conditional fine, and then, in a new case, a fine of €2,000, the first conviction may be enforced for failure to comply with the suspension.
However, if the conditional sentence is a prison sentence, there can be no revocation of the conditional sentence. For example, if a person is sentenced to a suspended 1-year prison term and then, in another case, €1000 of fine, the suspended prison sentence cannot be enforced for non-compliance with the suspended sentence.
If the initial suspension was a partial suspension, the suspension may be revoked only once.
For example, during a 1er trial, one person shall be sentenced to €3,000 of fines of which €2,000 suspended. During a 2eme at trial, the court decided to revoke part of his stay and asked him to pay €1000 of fine. Then he stays €1000 of the fine to be paid resulting from the initial stay. But no court will be able to demand payment of this fine, even in the case of 3eme trial within 5 years.
The court which revokes the stay may also take a special and reasoned decision to have the convicted person imprisoned.
The initial stay was for a ticket
The stay may be revoked if the convicted person commits certain offenses within two years after the firster The judgment has become final.
Offenses that may result in the revocation of a conditional sentence include:
- Crime
- Offense
- Contravention of 5eme class.
The conditional sentence can then be carried out.
What's this about?
Suspended probation suspends the execution of a fine or imprisonment, provided that the convicted person complies with the obligations and prohibitions imposed on him by the court.
The period of probation shall be at least one year.
The probation can be total, that is, it covers the entire prison sentence or fine that has been imposed.
Suspension on probation may also be partial, i.e. it does not fully cover the prison sentence or fine imposed. In this case, one part of the sentence is a hard sentence and the other part is a conditional sentence and probation.
Imprisonment For example, if a person is sentenced to five years in prison, two of which are suspended with probation, that means that he or she is sentenced to three years in prison, and to two years in prison with probation. This person must carry out the mandatory 3-year prison sentence. The 2-year suspended sentence will only be imposed in the event of failure to comply with probation.
Conditions
Conditional probation can be applied to prison sentences of up to 5 years (10 years in the case of a repeat offense) for a crime or offense.
The total stay with a test cannot be pronounced if the person is in one of the following situations:
- She has already been sentenced twice to a suspended sentence with probation (SME) or community service (STIG) for similar offenses and is a repeat offender
- She has committed certain serious offenses (intentional violence, sexual assault or abuse, offense with aggravating circumstance of violence), that an EMS or STIG has already been pronounced for a similar offense and that she is a repeat offender
- A socio-judicial follow-up is pronounced at the same time, or if work of general interest TIG has been pronounced as the main penalty.
FYI
in cases where the person has committed certain serious offenses, an EMS or STIG has already been imposed for a similar offense and is a repeat offender, a partial probation suspension is possible.
Duration
The convict must comply with these obligations for a period of time, called test period. The length of the trial period is set by the court. It varies depending on whether or not the offender is a repeat offender.
- If the convicted person is not a repeat offender, the trial period is between 1 and 3 years.
- If the convicted person is a repeat offender, the trial period is between 1 and 5 years
- In the case of double recidivism, the trial period is between 1 and 7 years.
The probation period is suspended during any incarceration (e.g. house arrest under electronic bracelet, pre-trial detention, and imprisonment in prison or made into bracelets, day parole or outdoor placement).
FYI
the sentencing judge (Jap), who supervises the probation, may order, of his own motion or at the request of the public prosecutor, an extension of the probation period in the event of non-compliance with the obligations.
Obligations imposed
The obligations of the sentenced person are set directly by the sentencing court.
After the conviction, the person is summoned before the judge of the application of sentences (Jap).
Jap shall inform it of the following mandatory control measures:
- Notify the social worker of changes in employment or residence
- Notify the social worker of any travel of more than 15 days and inform them of their return
- Respond to the summons of the judge or social worker
- Receive the social worker when he or she travels to his or her home to provide documents and information to monitor compliance
- Inform the judge of any travel abroad before doing so
- Obtain permission from Jap in the event of a move or a change of job, if this may interfere with Jap's obligations.
Depending on his situation and the offense he committed, the convicted person may be subject to several other obligations or prohibitions, including:
- Obligation to work or undergo training
- Obligation of care (addictological, psychological, psychiatric...)
- Obligation to repair the damage caused by the infringement
- Obligation to complete an internship
- Prohibition of travel to certain places specified in the decision
- Prohibition of frequenting drinking establishments
- Prohibition of carrying a weapon
- Prohibition of contact with a specified person.
FYI
the convicted person may apply to Jap for the modification or withdrawal of an obligation by proving that the request is justified. For example, the duty to care is no longer necessary if medical tests show that there is no longer a drug dependency and the doctor confirms it.
Monitoring compliance with obligations
Throughout the probation, the convict will be followed by an Enforcement Judge (JAP).
Jap shall determine the procedures for the execution of the stay with probation and shall monitor the actual execution.
He may summon the convicted person to remind him of the obligations in case of non-compliance.
It may also extend the trial period or even revoke part of the sentence.
Compliance can be monitored through the Prison Integration and Probation Service (SPIP), which reports to Jap.
If the probation period is respected
Conditional probation is successful if the offender has complied with the obligations and prohibitions imposed on him or her and has not committed a new offense within the probation period.
In this case, the part of the suspended sentence is executed and will be removed from the Criminal Record Bulletin No. 2 but will remain on Bulletin No. 1.
The firm part of the sentence must be carried out. But if it has not been executed before the end of the probation period, it can no longer be executed.
Warning
if it is discovered after the end of the probationary period that an offense has been committed during the probationary period, the probation may be revoked, in whole or in part.
If the probation is not respected
The sentencing judge may revoke the probation order in the event of failure to comply with the obligations imposed on the convicted person, even if he or she has not committed a new offense.
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No new offense
Jap can revoke the probation order in case of non-compliance with the obligations imposed on the convicted person.
New Offense
If the convicted person commits a new offense during the probation period, the probation period may be revoked:
- by the court which penalizes the second infringement, which may decide to enforce all or part of the initial penalty
- or by the sentencing judge, if the court has not revoked the stay at the time of sentencing the new offense.
Revocation of probation means that the person must carry out all or part of the sentence initially imposed (imprisonment or payment of a fine). The part of the sentence revoked is in addition to the new sentence.
The decision ordering the partial revocation of the stay of probation does not put an end to the probation system. The person shall remain subject to his obligations upon his release from prison for the remainder of his probation period.
Partial revocation may be ordered several times in the case of numerous new offenses.
What's this about?
The suspension accompanied by a general interest work (TIG) suspend the execution of a fine or imprisonment, provided that the convicted person carries out work in the public interest.
This stay always applies to the entire penalty of a fine or imprisonment.
The sentenced person must work free of charge for a legal person governed by public law, a legal person governed by private law with a public service mission, or an authorized association.
In addition to the TIG to be made, the convicted person is subject to obligations and/or prohibitions.
This measure must be decided with the agreement of the convicted person.
FYI
the suspension with TIG can also be decided in the context of an adjustment of the sentence to a prison term of less than 6 months. This decision is made by the Sentence Enforcement Judge (Jap).
Conditions
The suspension with TIG concerns persons sentenced to a prison term of up to 5 years (10 years in the case of a repeat offense), for a crime or an offense.
But it cannot be pronounced in the following cases:
- The person has already been sentenced twice to probation or TIG for similar offenses and is a repeat offender
- The person has committed a serious crime or offense (willful violence, assault or sexual assault, aggravated offense of violence) and has previously been suspended on probation or TIG for similar offenses and is a repeat offender
- One of the following decisions was issued: socio-judicial supervision, TIG as the main penalty, criminal coercion, or citizenship training.
Duration
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Offense committed after March 25, 2020
Duration | Contravention | Other case |
|---|---|---|
Minimum Duration | 20 hours | 20 hours |
Maximum Duration | 120 hours | 400 hours |
Offense committed between October 2014 and March 24, 2020
Duration | Contravention | Other case |
|---|---|---|
Minimum Duration | 20 hours | 20 hours |
Maximum Duration | 120 hours | 280 hours |
Offense committed before October 2014
Duration | Contravention | Other case |
|---|---|---|
Minimum Duration | 20 hours | 20 hours |
Maximum Duration | 120 hours | 210 hours |
Warning
the TIG must be carried out within a time limit fixed by the court which may not exceed 18 months.
Obligations
The obligations of the sentenced person are set directly by the sentencing court.
After the conviction, the person is summoned before the judge of the application of sentences (Jap).
Jap shall inform it of the following mandatory control measures:
- Notify the social worker of changes in employment or residence
- Notify the social worker of any travel of more than 15 days and inform them of their return
- Respond to the summons of the judge or social worker
- Receive the social worker when he or she travels to his or her home to provide documents and information to monitor compliance
- Inform the judge of any travel abroad before doing so
- Obtain permission from Jap in the event of a move or a change of job, if this may interfere with Jap's obligations.
Depending on his situation and the offense he committed, the convicted person may be subject to several other obligations or prohibitions, including:
- Obligation to work or undergo training
- Obligation of care (addictological, psychological, psychiatric...)
- Obligation to repair the damage caused by the infringement
- Obligation to complete an internship
- Prohibition of travel to certain places specified in the decision
- Prohibition of frequenting drinking establishments
- Prohibition of carrying a weapon
- Prohibition of contact with a specified person.
In case of good execution
If the TIG is carried out without incident and the obligations and prohibitions are complied with throughout the period set by the court, the penalty will not be enforced. It will be deleted from the criminal record bulletin n°2, but will remain on the bulletin n°1.
FYI
if it is discovered after the end of the period laid down by the court that an offense has been committed during that period, the suspension with community service may be revoked, in whole or in part.
In case of improper execution
The sentencing judge can revoke the stay with TIG if the work has not been carried out or if the obligations imposed on the convict have not been respected, even if he has not committed a new offense.
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No new offense
The sentencing judge may revoke part or all of the suspension of the stay with TIG in case of non-performance of the work or non-compliance with the obligations imposed on the convicted person. This means that the person carries out all or part of the original sentence (imprisonment or payment of a fine).
New Offense
If the convicted person commits a new crime or an offense within the time limit set for the completion of his TIG, the court may, after the Jap has given its opinion, revoke the suspension in whole or in part.
This means that the person carries out all or part of the original sentence (imprisonment or payment of a fine). The suspended sentence is then added to the new harsh sentence.
The JAP may revoke the stay in whole or in part if the court does not do so at the time of the new conviction.
From 24 March 2020
As of March 24, 2020, the court can grant only two types of stays: a simple stay or a probation stay.
What's this about?
A simple stay of execution suspends the execution of a prison sentence and/or a fine for a period called a probation period. The simple conditional sentence is contrary to the firm sentence, which must be completed.
A simple stay may be:
- total, i.e. the entire fine and/or prison sentence is suspended
- or partial, that is, one part of the sentence is suspended and another part, which is firm, must be carried out.
For example, if a person is sentenced to 5 years in prison, including 2 with a simple conditional sentence, that means that he or she is sentenced to 3 years in prison and 2 years in prison with a conditional sentence. This person must carry out the mandatory 3-year prison sentence. The 2-year suspended sentence will only be imposed if the suspended sentence is revoked.
Sentences that may be subject to a simple conditional sentence
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Total reprieve
Suspension may be applied to the following penalties:
- prison sentences of up to 5 years,
- fine and day penalty, regardless of the amount,
- penalty restricting rights.
Partial reprieve
The partial suspension may be applied to the following penalties:
- prison sentences of up to 5 years,
- penalty of fine and day fine, regardless of amount.
FYI
in the case of partial suspension, the period for testing the suspension shall be suspended until the firm part of the sentence has been served.
Sentenced persons eligible for a simple deferral
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The person has never been convicted
The deferral can apply in all cases.
The person has already been convicted
To a prison sentence
She is again on trial for a crime
A simple deferral cannot be granted in any case if the person has already been sentenced to a prison sentence (with or without a deferral) within 5 years before the facts that justified the new conviction.
She's being tried again for a ticket
The sentence may be suspended even if the person has been sentenced to a prison term before.
To a non-prison sentence
She is again on trial for a crime
If the person has been sentenced within 5 years before the offense to a fine or to a withdrawal of rights, the suspension may be applied only to the prison sentence imposed.
The penalty of fine or withdrawal of a right imposed in this case will necessarily be a firm penalty.
She's being tried again for a ticket
If the person has been sentenced within 2 years before the offense to a fine or to a withdrawal of rights, the suspension may be applied only to the prison sentence imposed.
The penalty of fine or withdrawal of a right imposed in this case will necessarily be a firm penalty.
Procedure
The application of the stay shall be decided by the court in charge of the case. A stay of execution is imposed at the same time as the sentence.
If the simple deferral is respected
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Total reprieve
The convicted person shall comply with the conditional sentence if he or she does not commit a new offense within five years from the day on which the conviction became final (i.e. after the appeal periods).
In this case, the sentence will not be enforced and it will be deleted from Bulletin No. 2 of the criminal record, but will remain on Bulletin No. 1.
Partial reprieve
The convicted person shall comply with the conditional sentence if he or she does not commit a new offense within five years from the day on which the conviction became final (i.e. after the appeal periods).
In this case, the part of the sentence with a simple conditional sentence is considered non-existent. This means that it can no longer be executed. The firm part of the sentence must be carried out.
But if the hard part of the sentence is a prison sentence and it could not be executed before the end of the trial period of the simple stay, it will no longer be able to be executed.
Warning
if after five years, it is discovered that an offense has been committed within the trial period, the simple stay may be revoked.
If the simple stay is not respected
The simple stay may be revoked if the convicted person commits a new offense within the trial period.
Revocation is not automatic, and the retrial court must make a specific decision that pronounces it.
The court that revokes the suspended sentence may decide to carry out all or part of the suspended sentence.
If the initial suspension was a partial suspension, the suspension may be revoked only once. Conditional sentences cannot be revoked multiple times.
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The initial stay was for a crime or offense
The new sentence is a prison sentence
The suspension may be revoked and the conditional sentence may be enforced if:
- the convicted person commits a new crime or a new offense within 5 years after the 1er judgment has become final,
- imprisonment and is sentenced to a term of
FYI
the court which revokes the stay may also take a special and reasoned decision to have the convicted person imprisoned.
The new conviction is a fine or the withdrawal of a right
The suspension may be revoked and the conditional sentence may be enforced if:
- the convicted person commits a new crime or a new offense within 5 years after the 1er judgment has become final,
- and is sentenced to a penalty other than imprisonment, i.e. a fine or withdrawal of a right.
For example, if a person is sentenced to €1000 a conditional fine, and then, in a new case, a fine of €2,000, the first conviction may be enforced for failure to comply with the suspension.
However, if the conditional sentence is a prison sentence, there can be no revocation of the conditional sentence. For example, if a person is sentenced to a suspended 1-year prison term and then, in another case, €1000 of fine, the suspended prison sentence cannot be enforced for non-compliance with the suspended sentence.
If the initial suspension was a partial suspension, the suspension may be revoked only once.
For example, during a 1er trial, one person shall be sentenced to €3,000 of fines of which €2,000 suspended. During a 2eme at trial, the court decided to revoke part of his stay and asked him to pay €1000 of fine. Then he stays €1000 of the fine to be paid resulting from the initial stay. But no court will be able to demand payment of this fine, even in the case of 3eme trial within 5 years.
The court which revokes the stay may also take a special and reasoned decision to have the convicted person imprisoned.
The initial stay was for a ticket
The stay may be revoked if the convicted person commits certain offenses within two years after the firster The judgment has become final.
Offenses that may result in the revocation of a conditional sentence include:
- Crime
- Offense
- Contravention of 5eme class.
The conditional sentence can then be carried out.
Since 24 March 2020, the former suspended probation sentences (SBA), suspended probation with community service (SGI) and criminal coercion have been grouped together under the probation period.
What's this about?
A stay of probation suspends the execution of a prison sentence, provided that the convicted person complies with the obligations and prohibitions set by the court.
The stay of probation can be total, meaning that the entire prison sentence is suspended and will not be enforced if the convicted person complies with the obligations and prohibitions set by the court.
Imprisonment The conditional sentence can also be partial, that is to say that part of the sentence is suspended and another part, which is of the sentence, must be executed.
For example, a person sentenced to 4 years in prison, including 3 years suspended from probation, would have to serve 1 year in prison and comply with the prohibitions and obligations set by the court not to serve the remaining 3 years.
Conditions
Suspension of probation may be applied to the following penalties:
- prison sentences of up to 5 years
- or prison sentences of up to 10 years, in the case of a repeat offense
A full stay of probation may not be granted if the convicted person is a repeat offender and:
- he has already been sentenced twice to probation for identical or similar offenses
- or that he has already been sentenced once to a probation period for offenses identical with or similar to the offense being tried and that this new offense is serious (crime, intentional violence, sexual assault, sexual assault), or has been committed with the aggravating circumstance of violence.
A stay of probation may not be granted if a community service sentence (TIG) and/or social and judicial supervision has been imposed by the court.
Procedure
The application of the stay of probation shall be decided by the court in charge of the case. A stay of execution is imposed at the same time as the sentence.
Obligations
The obligations of the sentenced person are set directly by the sentencing court. The Enforcement Judge (JAP) will monitor compliance with these obligations. He is assisted by social workers in carrying out this monitoring, especially by the prison insertion and probation counselors (CPIP).
Some measures are mandatory and must be respected by all convicted persons. The convict must:
- Notify the social worker of changes in employment, residence or any movement of more than 15 days,
- Respond to the summons of the judge or social worker
- Provide the social worker with all documents and information to verify compliance with the obligations
- Receiving the social worker at home when he comes
- Notify JAP of any travel abroad, before such travel takes place
- Obtain JAP's approval in the event of a move or change of job, if this may impede JAP's obligations
Depending on his situation and the offense he committed, the convicted person may also be subject to several other measures chosen by the court or the JAP during the trial period. Such measures may be obligations. For example:
- Obligation to work or undergo training
- Obligation to care for alcohol, drugs or to discuss problems with a professional (psychologist or psychiatrist)
- Obligation to repair the damage caused by the infringement
- Obligation to carry out work of general interest
- Obligation to do an internship
These measures can also be prohibitions. For example:
- Not to connect with certain people,
- Do not go to certain places (someone's home, drinking establishments, a specific city...)
- Do not possess or carry a weapon,
- Not to engage in an activity involving habitual contact with minors,
- Do not drive a vehicle
Duration
The convict must comply with these obligations for a period of time, called probationary period. The length of the probationary period shall be fixed by the court. It varies depending on whether or not the offender is a repeat offender.
- If the convicted person is not a repeat offender, the probationary period is between 1 and 3 years.
- If the convicted person is a repeat offender, the probationary period is between 1 and 5 years
- In the case of double recidivism, the probationary period can range from 1 to 7 years.
The probationary period is suspended during any incarceration (e.g. house arrest under electronic bracelet, pretrial detention, and imprisonment in prison or made into bracelets, day parole or out of prison).
If the stay of probation is respected
If the convicted person has complied with all the obligations imposed on him during the period of probation, the sentence will not be enforced. It will be deleted from the criminal record bulletin n°2, but will remain on the bulletin n°1.
If the probation is not respected
The probation can be revoked. This means that the person carries out all or part of the sentence initially imposed.
A stay of probation may be revoked if:
- The convict has not complied with his obligations or prohibitions during the probationary period (trial period). The stay of probation can then be revoked by the JAP.
- The convicted person committed a new offense during the probation period. In such cases, the probation may be revoked by:
- the court that issues the new sentence, after the JAP has given its opinion. The suspended sentence has been revoked in addition to the new harsh sentence.
- the JAP, if the court has decided not to revoke the suspended sentence.
The stay of probation may be revoked in part or in full.
If the probation is partially revoked, the person will remain subject to his or her obligations upon release from prison for the remainder of the probation period. Partial revocation may be made several times.
For example, a person is sentenced to a conditional sentence of eight months and commits a new offense. The court will be able to sentence her to a prison sentence and in addition revoke 2 months of the 8 months of her previous probation sentence. The convict will then have to serve 2 months in prison, in addition to his new sentence. Upon his release from prison, he will have a suspended sentence of six months.
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