CRIMINAL LAW ASSIGNMENT HELP
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The law assignment can be changed at the request of the convicted person, or at the request of the head of the institution where he is serving his sentence.
The law reassignment decision is up to the minister of justice, since it concerns:
- A convicted he decided the tv under the conditions of the second paragraph of Article D80 and the duration of the imprisonment remaining to be served more than three years to the day is made a request under the first paragraph;
- A convicted on account of acts of terrorism as defined and punishable under Articles 421-1 to 421-5 of the Criminal Code;
- A convict who is the subject of an entry in particular reported detained directory, under Article D. 276-1.
The Interregional Director of Prison Services is competent to decide the change of use from other convicts.
The assignment can only be changed if there is a fact or a new appreciation element.
Article D82-1
That is requested by the convicted or the school head, it is a record that includes elements for establishing the grounds for the request
The Minister of Justice, the regional director or the head teacher can make or cause under the conditions defined in section D. 79 in any investigation of the family or social situation of the prisoner.
The reassignment decision is made, except in emergencies, after consulting the judge to sentence enforcement and the prosecutor of the detention.
Article D82-2
Amended by Decree No. 2007-931 of 15 May 2007 – s. 17 (Ab), Official Journal May 16, 2007 in force on 1 June 2007
When the decision rests with the Regional Director, it results:
- Let the issuance of an order of transferring the person to a detention center or a center for furnished sentences or parole center or a prison or a neighborhood of a prison belonging to one of these categories of prisons, of his district;
- Let the maintenance of the individual at the facility where it is located;
- Let a relinquishment be in favor of the Minister of Justice for an assignment in a central neighborhood house or central house, since the inter-regional director of Prison Services estimated that the convict must be assigned in this category establishment. In this case, the Minister of Justice decides on the allocation of the condemned in the most appropriate penal institution.
Article D82-3
Amended by Decree No. 2010-350 of 31 March 2010 – Art. 1
When the decision rests with the Minister of Justice, it results:
- Let the transmission of convicted at the national assessment center;
- Let the issuing of a transfer order the convicted person to another institution;
- Let the maintenance of the individual at the facility where it is located;
- Either the making available of a Regional Director.
Amended by Decree No. 2010-350 of 31 March 2010 – Art. 1
Regardless of any reassignment request from the convicted or the principal, the Minister of Justice may instruct the national evaluation center to take stock of developments in the personality of the convict in perspective, particularly, parole or better individualization of the prison regime and execution of the sentence.
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