Constrained release

Verified 03 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Forced release is a modification of the prison sentence. The inmate who receives it can serve the final part of his sentence out of prison, with the obligation to be monitored and controlled. The sentencing judge must examine the case file of the qualifying detainee and decide whether to release him under duress or not. He must follow the prisoner released under duress with the help of a prison insertion and probation counselor.

Imprisonment Forced release is a release before the end of the sentence of

A prisoner released under duress may serve the final part of his sentence outside prison, subject to certain obligations.

Forced release is granted only to inmates who meet certain conditions.

Constrained release may be granted to an inmate who wishes to do so and who meets the following conditions:

  • Presence of guarantees of reintegration
  • No risk of recurrence
  • Sentence to a prison term of less than 5 years
  • Execution of 2/3 of the sentence

The sentencing judge automatically examines the situation of each detainee who meets these criteria and decides whether to release them under duress or not. So there is no specific request to make.

The judge may order the sentenced person to appear before the Committee on the Application of Sentences before taking his decision. This body is responsible for giving its opinion to the judge. The convicted person may be assisted by a lawyer when he appears before the commission.

The convicted person may appeal the judge's decision within 24 hours after the notification of the decision. The competent court of appeal is the court on which the judge who made the decision depends.

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The convict released under duress is followed by the sentencing judge and a prison insertion and probation counselor.

The release under constraint may, depending on the case, take one of the following forms:

  • Parole including the obligation to work, for example
  • Day parole (convicts may be free during the day to work and must return to prison in the evening)
  • Home detention under electronic surveillance: the convict wears an electronic bracelet, he can only leave his home at certain times, for example to go to work.
  • Outdoor placement (the convict is placed in a specific place such as an insertion site and must remain there)

The convicted person shall remain subject to such monitoring for the remainder of the sentence.

If he fails to comply with his obligations, the convicted person may return to prison and serve the rest of his sentence there.