Detained in prison in France
The severity of the French criminal courts has contributed to the rapid increase of inmates detained in French correctional facilities.
As such, in 2018, the number of inmates in French prisons reached the record number of 70,367 persons.
However, due to the lack of available space in detention centers, the detention conditions have deteriorated considerably, and France is now regularly criticized for the situation of its prisons.
French criminal proceedings code provides for many alternatives to prison, in order to allow a person sentenced by a criminal court to imprisonment to serve his time outside a detention center, or to be released before the end of his sentence.
The early release measures usually benefit to inmates who did not face disciplinary incidents during their detention and have good chances of reintegration in society.
These measures are granted by a special judge called the Sentence Enforcement Judge, after a procedure during which it is highly recommended to be assisted by a lawyer.
The measure may be granted by the judge only after a special hearing in presence of the prosecutor, a correctional officer, the inmate and his lawyer. The hearing takes place at the detention facility.
During the hearing the inmate’s file is discussed to assess whether he may be eligible for an early release.
Among the many existing options provided by the criminal proceedings code, two are particularly relevant for foreign inmates detained in France.
House Arrest on electronic monitoring
House arrest on electronic monitoring, also known as "electronic bracelet", is a measure that allows a person sentenced to time in prison to serve his sentence at home.
For the duration of his sentence, the person placed on electronic monitoring may leave his house during fixed hours set by the judge who granted the measure.
Outside the authorized hours, the person must stay at home.
Only inmates which total remaining time to serve is lower than 24 months (or 12 months in case of repeated offense) may be granted a house arrest on electronic monitoring, provided that they can provide guarantees that they have a place to stay, and an activity adapted to their situation (job, school etc.).
The electronic monitoring is accessible only to foreigners who have the legal right to stay in France.
Advance Parole with deportation
If the foreign inmate has no right to remain in France, or no ties in the country or he simply does not want to stay, he can file a request for an early release with deportation.
In order to benefit from this measure the inmate must :
Our firm's experience
We regularly assist foreign inmates detained in France in order to ensure that the receive the necessary information about their rights during their detention.
We also handle petitions for early release on behalf of our clients, ensuring that the request is appropriately presented and meets the conditions to be granted by the judge.
We assist clients all over the French territory.