Country

France

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
State Council, 21 July 2020, No. 441880A detainee cannot choose their place of detention.
Circular of 21 February 2012, Relating to directing a detainee in a prisonAs part of the procedure for directing detainees to a prison facility to serve their sentence, maintaining family ties is an essential factor in this referral to preserve detainee equilibrium, their ties with the outside world and facilitate their rehabilitation
French Prison CodeRemand detainees are kept separate from convicted detainees. The former are in a detention centre45 while the latter are in a prison.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022The orientation of detainees at the end of the custodial procedure must be based on defined and shared multidisciplinary criteria. The summary documents on which this orientation is based must be given to the people involved and, where applicable, to their legal representatives, and discussed with them. Interested parties must be given the opportunity to express their observations or wishes. They must be able to appeal against their allocation. Report details
2022The orientation chosen for detainees should be periodically re-examined by a multidisciplinary team to ensure that it continues to be appropriate for their changing profile. Report details
2023Orientation in a facility must be carried out in the exclusive interest of the persons involved, and cannot be intended to meet the organisational requirements of the administration. Report details