Variation of Orders Contained in Sentences


Variation of Orders Contained in Sentences

 

Art.216. – Principle.

 

(1) Where any order as defined in sub-art. (2) requires to be made, such order shall be made by the court having passed the sentence in relation to which such order is to be made.

(2) The provisions of sub-art. (1) shall apply in cases of:

(a) enforcement of internment (Art. 132 Penal Code); and

(b) revision of orders made in respect of offenders not fully responsible (Art. 136 and 137 Penal Code); and

(c) extension of detention (Art. 140 (2) Penal Code); and

(d) revocation of probation or variation of rules of conduct (Art. 198, 202 (3) and 204 Penal Code); and

(e) conditional release (Art. 131, 207, 209 – 112 Penal Code); and

(f) orders under Art. 124(2) and 156 Penal Code.

(3) Orders made in respect of young persons may be varied in accordance with the provisions of Art. 180 of this Code.

 

Art.217. – Procedure and decision.

 

(1) The court shall not make an order under this Chapter unless an application to this effect is made by the convicted person or his legal representative, the public prosecutor or any person or authority charged with executing or supervising the execution of the sentence.

(2) Prior to making its decision, the court shall summon the person in respect of whom the order is to be made and such other person as is likely to give information to assist the court. The court may, where appropriate, order such inquiries to be made as appear necessary.

(3) The court shall make its decision after having heard all the persons summoned and obtained the required information. Where the person in respect of whom the decision is to be made fails to appear, the court shall make its decision in his absence.

(4) Any statement made and the decision of the court shall be recorded.

(5) No appeal shall lie from a decision under this Article and such decision shall be carried out in accordance with the provisions of Chapter I of this Book.

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