Opinion of 26th September 201278
concerning the implementation of the
partial-release scheme
1/ Partial release is a specific procedure for serving a sentence. The
convicted prisoner is placed under this regime in three cases: either
when the sentencing judge decides to do so, in the case of a sentence
of less than or equal to two years of imprisonment (article 132-25 of
the Criminal code); or, according to the same condition concerning
the length of the sentence to be served, when the judge responsible
for the execution of sentences, to which the matter has been referred
by the prosecution, decides that this sentence must be executed
according to this procedure (article 723-15 of the Code of criminal
procedure); or, lastly, when this same judge decides, in principle
after hearing both parties, that a sentence that has already begun
may continue under the partial-release regime. Most of those under
partial release therefore come directly from a state of liberty; persons
who were previously in prison under general law are a minority.
Partial release is granted subject to probation (for example, Cass. Crim.
2nd September 2009). This means that it may be revoked by the judge
responsible for the execution of sentences if its beneficiary does not
comply with the obligations associated with the regime. These are
numerous (see the case of partial release under the probation regime,
articles 132-44 and 132-45 of the Criminal code). They most often
consist of setting the times during which the person concerned may
exercise a professional activity or seek work, outside which they must
be present in the penal institution, meaning either an independent
open prison or an open wing within an ordinary prison. They also
take the form of interviews with social workers from the prison
administration (prison advisers on employability and probation) and,
frequently, include the obligation to receive treatment or any other
activity to promote employability, intended to prevent recidivism.
These conditions appear rather lax. They are, in practice, very onerous;
this is why partial release can, in reality, only last for a limited period
(several months).
78
Published in the Journal Officiel de la République française of 23rd October 2012,
text n°62.
131
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