Enacted parts

ARTICLE 131-36
A Decree of the Conseil d'État shall determine the conditions of application of the provisions of this sub-section of
the present Code.
This Decree shall also lay down the conditions under which convicted persons carry out their community service as
well as the nature of the work to be given. 
It shall determine in addition the conditions according to which:
1° the penalty enforcement judge, after hearing the opinion of the public prosecutor and consulting any public
institution with competence in the field of the prevention of crime, establishes the list of the community service work
liable to be performed within his jurisdiction;
2° community service work, for those who are employed, may extend beyond the maximum legal working week;
3° associations referred to under the first paragraph of Article 131-8 are accredited to offer community service work.
ARTICLE 131-35-1
(Inserted by Act no. 2003-495 of 12 June 2003 art. 6 III Official Journal of 13 June 2003)
Where it is incurred as an additional penalty, the obligation to complete a road safety awareness course is carried
out at the expense of the offender, within six months from the date on which the sentence becomes final.
Upon completion of the course, the offender receives a certificate which he must send to the district prosecutor.
Subsection 6
Of socio-judicial probation
Articles 131-36-1 to
131-36-8
ARTICLE 131-36-1
(Inserted by Act no. 1998-468 of 17 June 1998 Article 1 Official Journal of 18 June 1998)
(Act no. 2004-204 of 9 March 2004 article 46 Official Journal of 10 March 2004)
Where the law so provides, the trial court may order socio-judicial probation.
Socio-judicial probation entails, for the convicted person, the duty to submit, under the supervision of the penalty
enforcement judge for the period determined by the trial court, to measures of supervision and assistance designed to
prevent recidivism. The period of socio-judicial probation may not exceed ten years in the case of conviction for a
misdemeanour or twenty years in the case of conviction for a felony.
However, in misdemeanour cases, this probation period may be extended to twenty years by means of a special
and reasoned decision issued by the court of trial; in the case of a felony punishable by thirty years' imprisonment, this
probation period is thirty years; in the case of a felony punishable by life imprisonment, the Cour d'assises may impose a
period of socio-judicial probation unlimited in time, subject to the right of the court for the application of penalties to
suspend this measure after thirty years, according to the conditions set out in article 712-7 of the Code of Criminal
Procedure. 
Updated 12/10/2005 - Page 11/132

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PENAL CODE
The convicting judgment also fixes the maximum term of imprisonment to be served by the convicted person where
he fails to observe the obligations imposed upon him. This imprisonment may not exceed three years in the case of a
conviction for a misdemeanour or seven years in the case of a conviction for a felony. The manner in which the penalty
enforcement judge may order the imprisonment to be wholly or partly executed is determined by the Code of Criminal
Procedure. 
The president of the court, after giving judgment, warns the convicted person of the obligations arising from it and of
the consequences if they are not fulfilled.