Enacted parts

ARTICLE 132-39
Where the benefit of an ordinary suspension was granted for only a part of the penalty, the sentence is deemed
non-existent in respect of all its elements if revocation of the suspension has not taken place, a day-fine or fine or
non-suspended part of the fine remaining due. 
Subsection 4
Suspension with probation
Articles 132-40 to
132-53
Paragraph 1
Conditions for the granting of suspension with probation
Articles 132-40 to
132-42
ARTICLE 132-40
(Act no. 2003-1119 of 26 November 2003 Article 78 I Official Journal of 27 November 2003
(Act no. 2004-204 of 9 March 2004 article 175 I Official Journal of 10 March 2004)
A court imposing a custodial sentence may order its suspension under the conditions set out hereafter, the
convicted natural person being placed on probation.
After the imposition of a suspended custodial sentence with probation, the president of the court shall notify the
convicted person, where he is present, of the obligations he must heed during this period while his sentence is
suspended and he is on probation and warns him of the consequences of conviction for any new offence committed
during the probation period or of any violation of the supervision measures or special obligations imposed on him. The
president shall inform him of the possibility of having his sentence deemed non-existent if he behaves satisfactorily.
Where the court imposes as an additional penalty banishment from French territory for any period not exceeding ten
years, this is suspended during such time as the person is placed on probation, subject to the provisions of the first
paragraph. 
ARTICLE 132-41
Suspension with probation is applicable to custodial sentences not exceeding five years imposed for an ordinary
felony or misdemeanour.
Wherever a court has not ordered the provisional enforcement of a sentence, a probation order is only applicable
from the day when the sentence becomes enforceable pursuant to the conditions set out under the second paragraph of
article 708 of the Code of Criminal Procedure.