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NCJ Number: 68540 Find in a Library
Title: PROBATION
Journal: REVUE PENITENTIAIRE ET DE DROIT PENAL  Issue:4  Dated:(OCTOBER/DECEMBER 1978)  Pages:493-516
Author(s): G MARC
Date Published: 1978
Page Count: 44
Format: Article
Language: French
Country: France
Annotation: AS A SENTENCING GUIDE FOR FRENCH JUDGES, THE ARTICLE EXPLAINS THE LEGAL CONDITIONS AND ADMINISTRATIVE PROCEDURES OF PROBATION.
Abstract: THE FRENCH 'SURSIS AVEC MISE A L'EPREUVE' IS CONSIDERED THE EQUIVALENT OF PROBATION IN ANGLO-SAXON LAW, ALTHOUGH ITS APPLICATION IS BROADER. ACCORDING TO THE FRENCH LAW OF JULY 11, 1975, 'SURSIS AVEC MISE A L'EPREUVE' MAY BE APPLIED TO ALL OFFENDERS REGARDLESS OF THEIR BACKGROUND AND IS USED WITH INCREASING FREQUENCY EVEN FOR MORE SERIOUS OFFENSES. IN ADDITION TO SPECIAL OBLIGATIONS (E.G., SEEKING THE HELP OF A PSYCHIATRIST), PROBATIONERS ARE REQUIRED TO (1) MEET WITH THE CORRECTIONAL JUDGE OR PAY ANY FINES IMPOSED, (2) RECEIVE THE VISITS OF THE PROBATION OFFICER, (3) JUSTIFY CHANGES OF EMPLOYMENT OR RESIDENCE, (4) NOTIFY THE PROBATION OFFICER OF ANY CHANGES IN ADDRESS, AND (5) OBTAIN A SPECIAL PERMIT FOR FOREIGN TRAVEL. AFTER THE TRIAL, THE PROSPECTIVE PROBATIONER IS ASSIGNED TO THE CORRECTIONAL JUDGE IN HIS DISTRICT WHO INTERVIEWS HIM, ADMINISTERS HIS RECORDS, SELECTS A PROBATION OFFICER, RECEIVES REGULAR PROGRAM REPORTS ON THE PROBATIONER, AND IS RESPONSIBLE FOR THE PROPER ADMINISTERING OF THE PROBATION PERIOD. SPECIAL PROBLEMS ARISING DURING PROBATION INCLUDE THE PROBATIONER'S FAILURE TO REPORT TO THE SCHEDULED MEETINGS, HIS ESCAPE, FAILURE TO REPORT ADDRESS CHANGES, AND FAILURE TO MEET SPECIAL OBLIGATIONS. IN CASE OF FAILURE TO MEET OBLIGATIONS OR CONVICTION FOR NEW OFFENSES, PROBATION MAY BE REVOKED OR ITS DURATION EXTENDED BY EITHER THE CORRECTIONAL JUDGE OR A CRIMINAL JUDGE, TO EXTEND THE CONTROL OF THE CORRECTIONAL JUDGE THE ARTICLE ADVISES THAT (1) THE POLICE TRANSMIT THEIR DAILY REPORTS TO THE JUDGES; (2) HEADS OF CORRECTIONAL INSTITUTIONS REPORT THEIR DAILY RELEASES AND ADMISSIONS; AND (3) JUDGES SET UP LARGE WALLBOARDS ON WHICH THE NAMES, CONDITIONS, AND PROBATION PERIOD OF THEIR PROBATIONERS ARE CLEARLY EXHIBITED. A TABLE IS INCLUDED. --IN FRENCH.
Index Term(s): France; Judicial process; Probation; Probation conditions; Probation or parole agencies; Probation or parole services; Probation violations; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68540

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