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Article 142-11 of the French Code
Article 142-11 of the French Code
This brings us to Article 142-11 of the French Code of Criminal Procedure. It has to be read with Article 716-4 (§21 above). Consistently with JZ at §55, Article 142-11 allows a restriction of liberty to operate as a Qualifying Curfew. The test is whether the restriction of liberty constitutes EMHA (“electronically monitored house arrest”). Here is Article 142-11 (see too A at §30; Doga at §11):
Article 142-11. An electronically monitored house arrest is assimilated to pre-trial detention for the purpose of counting its deduction from a custodial sentence, in accordance with Article 716-4.
- Heading
- FORDHAM J
- PART 2. THE ORIGINAL JUDGMENT
- Qualifying Curfew in UK and French Domestic Law
- Four Components
- A and Doga
- Expert Evidence and the Chance to Respond
- Further Information and a Reply
- Background
- Evidence Ventilated in Previous Cases
- A Sole Viable Point
- The Article 26/624 Mechanism
- Deprivation of Liberty
- Article 716-4 of the French Code
- “Detention” and ‘Exclusive Competence’ of the IJA
- Responsibilities of the EJA
- These EMCs are not a Deprivation of Liberty
- Restriction of Liberty
- Article 142-11 of the French Code
- The French Appellate Courts
- The French Supreme Court’s Review Role
- Qualifying Curfew and ‘Exclusive Competence’ of the IJA
- EMHA is an Evaluative Question
- Article 142-11 is a Duty
- Very Clear Cut
- The Evidence
- This Case
- Conclusion
- PART 3. THE RESPONDENT’S REQUEST
- Andrysiewicz
- The Request
- Injustice
- Very Clear-Cut
- Conclusions