What does the law say on non-custodial sentence?
Community sentence is a first-degree criminal sentence under several articles:
– Article 131-3-2° of the criminal law code
– Article 713-2 and following of the criminal procedure code
– Article 20-4 of the juvenile delinquency act of February 2nd, 1945.
According to the scale of punishments, it comes right after imprisonment and it is defined under article 131-4-1 of the criminal law code as follows:
“The sentence of community sentence means for the culprit an obligation to comply with the control of the judge in charge of the execution of sentences during a period of six months to five years which is fixed by the tribunal, to control measures and assistance as well as specific obligations and prohibitions to prevent recidivism by promoting his insertion into society”.
Community sentence constitutes a probationary sentence which can last from 6 months to 5 years. It allows the culprit to serve a sentence outside a prison.