Imprisonment Death penalty: how is it applied?

Verified 15 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

A person sentenced to a term of imprisonment may benefit from a penalty adjustment. The rules governing a sentence depend on the length of the sentence and the individual circumstances of the convicted person. If accommodation is not possible, the convict will serve his sentence in prison.

Sentence less than or equal to 6 months

Imprisonment Where the penalty of taking is less than or equal to 6 months, the penalty must be adjusted. The fitting-out will be refused if it is impossible due to the personality or situation of the convicted person (absence of domicile for the installation of an electronic bracelet for example).

FYI  

Imprisonment As of March 2020, any sentence of eper must be greater than 1 month.

When can the sentence be adjusted?

The prison sentence can be adjusted at two points:

  • Directly to the hearing if the court has the necessary information (proof of domicile, pay slips, employment contract, medical certificates, etc.)
  • By the judge responsible for the enforcement of sentences in other cases, at the request of the convicted person
Decision of the court or of the sentencing judge

If the court or sentencing judge considers that the conditions for accommodation are not met, the convicted person will serve his sentence in prison.

If the court or the sentencing judge considers that the conditions for a sentence adjustment are met, the prison sentence may be carried out in different ways:

  • 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
  • Outside placement: the convict is housed in an authorized facility and can go out to work, receive training or care
  • Semi-freedom: the convicted person is in prison but may leave at certain times, for example to go to work or to take steps

The judge will choose the most suitable accommodation for the situation (personal, family, professional, etc.) of the convicted person.

As part of his sentence adjustment, the convicted person may be subject to certain prohibitions or obligations: to follow care, to compensate the victim, not to visit certain places or persons, etc.

Conversion of the prison sentence to another sentence

Imprisonment If the penalty of being sentenced to less than or equal to 6 months, it may also be converted into another penalty by the sentencing judge:

Sentence greater than 6 months and less than or equal to 1 year

Imprisonment Where the sentence of a convicted person is between 6 months and 1 year, it may be adjusted only if the circumstances and personality of the convicted person so permit, and unless it is not physically possible.

When can the sentence be adjusted?

The prison sentence can be adjusted at two points:

  • Directly to the hearing if the court has the necessary information (proof of domicile, pay slips, medical certificates, etc.)
  • By the judge responsible for the enforcement of sentences in other cases, at the request of the convicted person
Decision of the court or of the sentencing judge

If the court or sentencing judge considers that the conditions for accommodation are not met, the convicted person will serve his sentence in prison.

If the court or the sentencing judge considers that the conditions for a sentence adjustment are met, the prison sentence may be carried out in different ways:

  • 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
  • Outside placement: the convict is housed in an authorized facility and can go out to work, receive training or care
  • Semi-freedom: the convicted person is in prison but may leave at certain times, for example to go to work or to take steps

The judge will choose the most suitable accommodation for the situation (personal, family, professional, etc.) of the convicted person.

As part of his sentence adjustment, the convicted person may be subject to certain prohibitions or obligations: to follow care, to compensate the victim, not to visit certain places or persons, etc.

Sentence greater than 1 year

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Offense committed before March 24, 2020

When the prison sentence is longer than 2 years, it cannot be adjusted. The convict will therefore serve his sentence in prison.

Where the sentence is less than or equal to two years, it may be adjusted only if the situation and personality of the convicted person so permit, and unless it is not physically possible.

If the convicted person is a repeat offender, the penalty must be a maximum of one year in order to be adjusted.

When can the sentence be adjusted?

The prison sentence can be adjusted at two points:

  • Directly to the hearing if the court has the necessary information (proof of domicile, pay slips, medical certificates, etc.)
  • By the judge responsible for the enforcement of sentences in other cases, at the request of the convicted person
Decision of the court or of the sentencing judge

If the court or sentencing judge considers that the conditions for accommodation are not met, the convicted person will serve his sentence in prison.

If the court or the sentencing judge considers that the conditions for a sentence adjustment are met, the prison sentence may be carried out in different ways:

  • 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
  • Outside placement: the convict is housed in an authorized facility and can go out to work, receive training or care
  • Semi-freedom: the convicted person is in prison but may leave at certain times, for example to go to work or to take steps

The judge will choose the most suitable accommodation for the situation (personal, family, professional, etc.) of the convicted person.

As part of his sentence adjustment, the convicted person may be subject to certain prohibitions or obligations: to follow care, to compensate the victim, not to visit certain places or persons, etc.

Offense committed after March 24, 2020

When the prison sentence is longer than 1 year, it cannot be adjusted. The convict will therefore serve his sentence in prison.

FYI  

When the convicted person is in prison, he may request a penalty adjustment where the remaining sentence is less than 2 years.