Stay

Verified 31 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

You have committed a infringement and you're going to be tried? If you're convicted, you may be eligible for a stay. In this case, the sentence imposed on you will be suspended and you will not have to execute it. However, you will have to follow rules for a while. If you do not respect them, the reprieve may be revoked in whole or in part. We present you the information to know.

The conditions for obtaining a stay and the consequences of the stay depend on its nature: simple or reprieve probationary.

A simple reprieve is a way of executing a sentence. It allows you to be exempted from serving a sentence against you, provided that you do not commit any new offense infringement for a certain period of time.

A probationary reprieve is a method of serving a prison sentence. It allows you to be exempted from serving the prison sentence imposed on you, provided that you comply with the obligations determined by the court that tried you and/or by the judge of the application of sentences.

Simple reprieve

A simple reprieve is a way of executing a sentence. It allows you to be exempted from serving a sentence against you, provided that you do not commit any new offense infringement for a certain period of time.

A simple reprieve may apply to all or part of the sentence. In the latter case, we are talking about partial stay.

Warning  

Partial reprieve applies only to sentences of imprisonment, fine and fine days.

The decision to impose a simple conditional sentence is made by the court that judges you for the offense committed.

A simple reprieve is given at the same time as the sentence. It is mentioned in the same judgment.

Two types of conditions must be analyzed before deciding on a simple reprieve. The situation varies depending on your criminal record and the sentence considered by the court at the trial hearing.

What criminal history is taken into account when considering a simple reprieve?

The court considering a simple stay checks whether you have already been sentenced.

If you have never a simple reprieve is possible.

If you have criminal record, it all depends on the nature of the sentence or sentences previously imposed on you:

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Imprisonment

You can benefit from the stay if you have not been convicted, within the 5 years preceding the facts for which you are being tried, to a penalty of reclusion or of imprisonment (firm or suspended), as a result of crime or a offense.

Other punishment

The situation varies depending on the nature of the the offense for which you were previously convicted:

Crime or delict

If you have been sentenced to another penalty than imprisonment (example: fine) within the 5 years preceding the facts, only the prison sentence envisaged because of the new infringement committed may be subject to a stay. If another sentence is handed down, the court cannot grant you a stay.

Example :

In 2021 you were sentenced to community service for theft. Three years later, you're committing violence. The court is considering a sentence of 2 years' imprisonment and €15,000 of a fine. In this case, only the sentence of imprisonment may be suspended.

Contravention

You can benefit from the stay if you have not been convicted, within the 5 years preceding the facts for which you are being tried, to a penalty of reclusion or of imprisonment (closed or suspended), for a crime or a offense.

What sentence can be accompanied by a simple reprieve?

The situation varies depending on the nature of theinfringement that you have committed and for which you are convicted:

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Crime or delict

A simple stay may be applied to the following penalties:

  • Sentences of imprisonment up to 5 years
  • Sentence offine
  • Sentence of fine days
  • Restrictive penalty of rights (except forfeiture of property)
  • Additional penalty (except confiscation of property, closure of an establishment or posting of a conviction).

Contravention

A simple stay may be applied to the following penalties:

  • Penalty of fine for 5th class ticket
  • Restrictive or restrictive penalty of rights (except forfeiture of property)
  • Suspension of the driving license for a period of 3 years
  • Prohibition of holding a weapon subject to authorization, for a period of 3 years
  • Withdrawal of hunting license and prohibition to apply for a new license for 3 years
  • Prohibition of issuing checks for a period of 3 years.

When a sentence is suspended simply (in whole or in part), the sentence is suspended execution in whole or in part. You are therefore exempt from performing it.

However, the penalty is not not canceled. This has several consequences, including:

  • The prohibition of committing a new infringement within a period of time (test time). This time limit is 5 years for crimes and offenses and 2 years for 5th class tickets. It runs from the day the conviction became definitive.

Warning  

If you are sentenced to more than one sentence and only one sentence is suspended, you are obliged to carry out all other sentences. For example, if you are sentenced to 2 years suspended imprisonment and a fine of €3,500, you are exempted from serving the prison sentence. However, you must pay the fine.

The situation varies depending on your behavior during the test period:

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No new offense

If no conviction for crime, misdemeanor or contravention of 5th class is not pronounced against you during the test timeHowever, the suspended sentence is considered to have never existed. That is the case even in the case of a partial stay.

They say the sentence is non-avenue. So you don't have to run it anymore.

FYI  

If the court has imposed a mixed sentence (imprisonment and suspended sentence), it is possible that the test time the simple stay ends when the portion of - was not executed. In this case, the closed part is canceled.

Conviction is erased from the bulletin n°2 of your criminal record, but rest listed in bulletin n°1.

Warning  

If you commit a new offense after the test time, the sentence for which you have been granted a stay may be taken into account to determine whether you are in a state of recurrence or not.

Commission of a new infringement

If you commit a new offense during the probation period, the simple stay can be revoked.

Removal is not automatic: the court responsible for judging the new infringement must make a decision that directs it.

The situation varies depending on the nature of the new conviction:

The new conviction is a firm prison sentence

If you are sentenced to a penalty of - (or mixed) for committing an offense infringement during the trial period, the court that judges you may decide to revoke the simple stay that was granted at the time of the first conviction.

The revocation may be total or partial.

Warning  

In parallel with the revocation of the stay, the court may also reasoned decision who orders your immediate imprisonment.

The new conviction is not a firm prison sentence

If you are sentenced to a sentence other than imprisonment for committing an offense infringement during the trial period, the court that judges you may decide to revoke the simple stay that was previously granted to you, provided that the previous conviction is not a firm sentence of imprisonment.

Example :

In 2020 you were sentenced to fine days suspended for theft. During the probation period, you are sentenced to community service because you have committed a new offense. In this case, the court has the possibility to revoke the simple stay that you were granted on the first conviction. So you will have to pay the fine days.

The revocation may be total or partial.

Warning  

In addition to the revocation of the stay, the court may also take a reasoned decision ordering your immediate imprisonment.

Probation stay

A probationary reprieve is a form of execution of a sentence of imprisonment.

It allows you to be exempted from serving the prison sentence imposed on you, provided that you comply with the obligations determined by the court that tried you and/or by the application sentencing judge.

You must comply with these obligations for a period of time called the probation period.

A probationary stay may apply to all or part of the sentence. In the latter case, we are talking about partial probationary stay.

Please note

The decision to grant the sentence a probationary stay is taken by the court that judges you for the offense a probationary reprieve is issued at the same time as the sentence. It is mentioned in the same judgment.

In principle, you can benefit from the total or partial probationary stay if you have been sentenced less than or equal at 5 years of imprisonment (10 years old maximum in the event of recurrence), for having committed a crime or a offense.

In 2 other cases, you can only benefit from a partial probationary stay. These are:

  • You have already received 2 suspended sentences for offenses identical or similar to the one for which you are currently being tried (example: theft and scam) and you are in a state of recurrence
  • You have already undergone 1 suspended sentence for committing a crime, willful violence, sexual assault, a sexual abuse or a violent offense (e.g. robbery with mild violence) and you are in a state of recurrence.

FYI  

One minor over 16 years may benefit from a probationary stay accompanied by a community service if the offense for which he is convicted was committed then that he was over 13. The probationary reprieve may be ordered under the same conditions as for adults.

At the end of the hearing, the trial court tells you that the sentence of imprisonment is suspended due to the probationary stay. This means that you do not go to prison (except in the case of partial probation). However, you are subject to rules during a probation period.

What happens during probation?

During the probation period, the sentence is suspended, but it is not canceled. This has several consequences:

  • You must comply with several obligations and prohibitions set by the court of judgment (or in some cases, by the application sentencing judge)
  • You must not commit any new infringement
  • The conviction remains on the bulletins n°1 and n°2 of the criminal record.

These rules are valid for the duration of the probation period. This period shall be fixed by the court of trial and shall be between:

  • 1 and 3 years, in general
  • 1 and 5 years, if you are in recurrence status
  • 1 and 7 years, in case of double recurrence.

If the court pronounces a provisional execution, the period of probation shall run from the date of sentencing. Otherwise, it starts from the day on which the sentencing decision has become definitive.

What are the obligations imposed on the convicted person during a probationary reprieve?

The court that convicts you sets out the obligations imposed on you.

Depending on your age, these measures may be different:

Convicted adult

There are general obligations that all convicted persons must comply with and specific obligations set out on a case-by-case basis.

General obligations

The general obligations are as follows:

  • Respond to the convocations of the application sentencing judge (Jap) or Insertion and Probation Service (IPPS) designated
  • Receive SPIP visits
  • Provide SPIP with all documents and information to verify compliance
  • Notify the SPIP of any change of address, of any trip of more than 15 days and notify it of your return
  • Inform Jap of any travel abroad
  • Obtain permission from the Jap in the event of a move or change of job, if this may hinder your obligations.
Special obligations

In addition to the general obligations, the court may require you to comply with one or more specific measures. These may include:

  • Obligation to work or undergo training
  • Obligation to undergo treatment for alcohol or drugs
  • Obligation to repair damage caused by the offense
  • Obligation to perform a community service.

These measures may also be prohibitions. For example:

  • Do not get in touch with certain people
  • Do not go to an account of online service for a maximum of 6 months
  • Do not go to certain places (ex-spouse's house, beverage store, specific city, etc.)
  • Do not engage in any activity involving habitual contact with minors
  • Do not drive a vehicle.

FYI  

If you have committed an offense punishable by more than 3 years in prison on a person with whom you are (or were) in a relationship, you may be subject to a prohibition on approaching the victim, if she requests it or if she accepts it. You may also be forced to wear a bracelet anti-rapprochement if you consent.

The supervision of the proper execution of these measures is carried out by the judge of the application of the penalties (Jap) and/or by the prison insertion and probation counselors (CPIP).

Depending on how your situation evolves, the application sentencing judge may modify or remove certain measures over the probation period.

Please note

If your personality and your financial, family and social situation so require, the court of judgment (or the Jap) may order a enhanced probationary stay at the end of the hearing or during the probation period. In this case, in addition to the obligations to which you will be subject, you will be subject to regular assessments by the SPIP.

Convicted minor

There are general obligations that all convicted persons must comply with and specific obligations set out on a case-by-case basis.

General obligations

The general obligations are as follows:

  • Respond to the convocations of the children's judge and/or the territorial open educational service (STEMO) designated
  • Receive visits from STEMO
  • Provide STEMO with all documents and information to verify compliance
  • Notify the STEMO of any change of address, of any trip of more than 15 days and notify them of your return
  • Inform the children's judge of any travel abroad
  • Obtain permission from the Children's Judge in the event of a move or change of employment, if this may hinder your obligations.
Special obligations

In addition to the general obligations, the court may require you to comply with one or more specific measures. These include:

  • Obligation to comply with the protection, assistance, supervision and education measures entrusted to a STEMO
  • Obligation to comply with the conditions of a placement in a family member's home, in a youth judicial protection institution or in a private educational institution
  • Obligation to comply with the terms of an investment in educational center closed for a period of 6 months, renewable once for the same period
  • Obligation to attend regular education or vocational training
  • Obligation to take care of alcohol or drugs
  • Obligation to repair damage caused by the offense

These measures may also be prohibitions. For example:

  • Do not get in touch with certain people
  • Do not go to certain places (example: to an accomplice)
  • Not doing the activity in which the offense was committed
  • Do not use the bars.

The supervision of the proper execution of these measures is carried out by the juvenile judge and by the STEMO that follows you.

Depending on your situation, the children's judge may modify or remove certain measures over the probation period.

If you do not comply with these obligations, sanctions may be taken.

Please note

If your personality and your financial, family and social situation so require, the Juvenile Judge may order a enhanced probationary stay at the end of the hearing or during the probation period. In this case, in addition to the obligations to which you will be subject, you will be the subject of a sustained socio-educational follow-up (regular interviews with the STEMO, participation in collective activities, etc.).

The situation varies depending on your behavior during the probation period:

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You've complied with the rules of probation

If you have complied with all the obligations imposed on you and you have not committed any new infringement during the period of probation, you are permanently exempted from serving the prison sentence.

This sentence is considered to have never existed. They say she's no avenue.

It is erased from the bulletin n°2 of your criminal record, but remains registered in bulletin n°1.

You didn't follow the rules of probation

The consequences of a breach of the rules of probationary reprieve depend on your age:

Convicted adult

If you do not respect your probationary reprieve, 2 possibilities are possible:

  • The court may order the revocation of your stay if you have committed an offense during the probation period and, as a result, you are sentenced to a imprisonment. At the same time as the conviction, the court may reasoned decision who orders your imprisonment.
  • The application sentencing judge may extend the probation period or revoke the probationary stay if you have failed to comply with your obligations. The same applies if you have been convicted of committing a new offense during the probation period and the court has not revoked the probationary stay.

The total revocation of the probationary stay obliges you to execute the prison sentence originally imposed.

If the probationary stay is partially revoked, you must serve the part of the prison sentence to which the revocation relates. On your release from prison, you will remain subject to the obligations of probationary reprieve for the remaining period of probation.

FYI  

Partial revocation may be ordered several times.

Convicted minor

In case of breach of obligations imposed on you or if you have been convicted of committing a new offense infringement during the period of probation, the children's judge may order the extension of that period. It may also decide to revoke totally or partially the probationary stay.

The total revocation of the probationary stay obliges you to execute the original sentence of imprisonment.

If the probationary stay is partially revoked, you must serve the part of the prison sentence to which the revocation relates. On your release from prison, you will remain subject to the obligations of probationary reprieve, for the remaining period of probation.

Who can help me?

Find who can answer your questions in your region

  • For more information on conditional sentences

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