Judicial review

Judicial review is not a penalty.

Judicial review is a measure that limits the freedoms of a person person suspected of having committed an offense crime or a offense punished by a pain imprisonment.

It makes it possible to to submit the person complained of to one or more obligations and prohibitions.

Judicial review is ordered when the accused person is in one of the following situations:

• She's in awaiting trial as a result of preliminary investigation or a flagrancy investigation directed by the public prosecutor
• She's indictment during a judicial inquiry of the examining magistrate.

The alleged acts of the accused person must be punishable by a prison sentence.

Judicial review may be ordered as security measure, to prevent the person from to commit a new offense. It can also be implemented to allow the investigation to proceed smoothly, avoid putting pressure on other people  and for ensure the presence of the person before the judge.

The procedure for placing under judicial supervision depends on the status given to the suspect.

The suspect may be indicted in a judicial inquiry.

The suspect may be defendant, i.e. awaiting judgment by the correctional court after an investigation led by the public prosecutor or after a judicial inquiry.

The person under judicial supervision must comply with obligations and prohibitions provided for by law.

The judge decides which ones are necessary depending on the case and personality of the Respondent.

Limited freedom of movement

The person under judicial supervision may be restricted in their freedom of movement.

The bans The following are possible:

• Exceeding certain territorial limits set by the judge
• To be absent from home except under the conditions laid down by the court
• Visiting certain places determined by the judge, including the family’s home in cases of domestic violence
• Take part in public demonstrations in places determined by the judge.

Bonds The following are possible:

• Inform the judge of any movement beyond the specified limits
• Leaving the family’s home in case of domestic violence
• Hand over the identity papers, including the passport.

Monitoring and surveillance

The person under judicial supervision may be controlled by prohibitions and obligations determined by the judge.

The bans The following are possible:

• Meet certain persons determined by the judge, in particular the victim of violence committed within the couple (check possible using a mobile electronic anti-rapprochement device)

• Engaging in certain professional or social activities
• To carry out an activity in relation to minors.

Bonds The following are possible:

• Periodically (e.g. weekly or monthly) visit the police station or gendarmerie brigade. We're talking about scoring.
• Undergo socio-educational follow-up (vocational activity or training)
• Undergo medical follow-up.

Medical monitoring includes the following:

• Undergo examination, treatment, or care measures even under hospitalization (for detoxification or psychologic/psychiatric follow-up)
• Submit to health, social or psychological care regarding family violence.

Financial guarantees

Bond

The judge may provide one security, that is, the payment of a certain amount of money by the person under judicial supervision. The judge must determine the amount of that sum to be paid and must be divided into 2 parts:

• A first part of the surety must guarantee compliance with other obligations judicial review and the presence of the person at judicial summonses. That portion of the money can be returned to the individual if they meet their obligations and attend the summonses.
• A second part of the bond shall be used to compensation of the victim in the event of conviction. That money is returned to the person if he or she is not convicted.

Payment of family expenses

The judge can ask the person under judicial supervision to provide proof of payment of family expenses following:

• Child support
• Maintenance under duty of care during divorce proceedings
• Contribution to the expenses of marriage
• Compensatory benefit after a divorce.

Other prohibitions

Other prohibitions which the judge may decide are:

• Driving a vehicle or driving certain vehicles with the obligation to hand over the driving license if necessary
• Possess or carry a weapon
• Write checks.

Judicial review may be amended throughout the procedure.

The judge may add or remove obligations and prohibitions or even terminate judicial review.

At any time, the person under judicial supervision can request deletion or modification certain obligations or prohibitions. It may also request release (i.e. the removal) of its judicial review.

The procedure differs depending on whether the person is indictment in a judicial inquiry or if it is awaiting trial as a defendant or accused .

When the person requests the end of his judicial review (we speak of release), the decision must be rendered in a period of 5 days from the request.

When a person under judicial supervision does not comply voluntarily her obligations, she risks the revocation judicial review.

The revocation judicial review is a decision of the judge that ends judicial review and leads to pretrial detention.

If a judicial inquiry is under way, the investigating judge may take a arrest warrant or a order to bring to compel the person to appear before the JLD: titleContent who should decide whether to place it in pretrial detention.

If there is no judicial inquiry, the warrant may be issued by the JLD or the court of trial as appropriate.

If the person is awaiting trialHowever, it is the public prosecutor who requests the remand in custody. The JLD may modify the obligations of judicial review or place the person under electronic bracelet.

Judicial review of the indictment may be terminated during the judicial inquiry or when is closed.

Judicial review of the defendant or the accused ends with the trial.