Enforcement of a decision of the criminal court

Verified 11 August 2026 - Public Service / (Prime Minister), Ministry of Justice

You would like to know how a conviction by a criminal judge is implementation ? We present you the information to know.

The time from which the sentence is enforced depends on the sentence handed down by the criminal courts.

General scenario

In principle, the public prosecutor has a approximately 15 days from the time the decision became effective definitive to do execute criminal conviction.

But there are exceptions. A criminal penalty may apply before the decision has become final if:

  • Remaining in prison while the convicted person was already detained (for example, in case of pre-trial detention). This rule is valid for minors over 16 years provided that the court of assizes for minors provides, in its sentencing decision, that continued detention is necessary and appropriate to the situation of the convicted person
  • One warrant of deposit or a arrest warrant
  • A punishment against a minor, other than imprisonment.

Criminal courts may also order that the sentence be enforced immediately after the hearing, in particular when they pronounce:

If a pregnant woman more than 12 weeks shall be sentenced to penalty of imprisonment the public prosecutor or the sentencing judge shall ensure that his execution is postponed or that the sentence is served in open medium.

Fine

The fine may be enforced immediately upon delivery of the judgment or when the decision is served to the convicted person.

The Public Treasury shall arrange for payment of the fine to be made as soon as possible.

Where the fine has been imposed by the police court, the criminal court or the juvenile court, the sentenced person has 1 month from delivery of judgment to proceed with the settlement.

Please note

If the person was not present at the hearing, the period of one month runs from the service of the judgment.

If the fine is paid within that period, its amount shall be reduced by 20% within the limit of €1,500.

The same applies if the convicted person has begun to pay the fine, but has arranged for it to be staggered with the State Treasury.

Example :

A person shall be fined €3,750. If the court makes the settlement at the time of the judgment, its fine may be reduced by 20%. So it goes from €3,750 à €3,000.

The same person shall be fined €10,000. If the court begins to pay at the time of delivery of the judgment and has provided for a staggering period, it may benefit from a reduction of €1,500. The fine therefore amounts to €8,500.

The authority competent to enforce a criminal judgment depends on the sentence imposed and the court which tried the convicted person:

  • In the event of a fine, payment shall be claimed by the Public Treasury, on behalf of the public prosecutor.
  • Where a conviction is handed down by the police court or the criminal court, the public prosecutor has her executed.
  • Where the conviction has been pronounced by the court of assizes, it's the attorney general who must implement this decision.

In order for the decision to be implemented, the public prosecutor must verify the identity of the convicted person and then verify that the sentence is enforceable.

The sentence is enforceable when the following 3 conditions are met:

Depending on the sentence imposed, the competent authority (public prosecutor's office or Public Treasury) must take further steps to ensure that the decision is implemented.

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Fine

The Treasury must always seek payment of the fine.

The mode of payment of the fine is specified in the court decision. As a general rule, the fine must be paid to a public finance center whose contact details are mentioned in the decision.

If the person does not pay all or part of the fine, he or she may incarcerated.

Restrictive penalty of liberty (suspension of license, confiscation of an object, etc.)

For the decision to be enforced, the public prosecutor just has to notify to the convicted person and provide a copy to sentencing judge.

Custodial sentence (prison, house arrest, etc.)

The measures taken by the Public Prosecutor's Office to enforce the decision are not the same if the convicted person is free or is already in prison:

Convicted free

Where the convicted person is not yet detained, the Parquet requests him to report to a specific prison and within a time limit set by the Committee.

FYI  

If there is a risk of absconding or if the person does not show up, the public prosecutor can call on the police to arrest him.

The public prosecutor then forwards an extract of the conviction decision to the registry of the prison on which the convicted person depends.

If the person has been sentenced to more than 3 months in prison, the Public Prosecutor's Office must also provide a notice specifying the following:

  • The civil status of the convicted person
  • His professional situation
  • His family situation (married, entered into a civil partnership, single, etc.)
  • His usual behavior
  • His criminal record.

Upon receipt of these documents, the sentence shall be carried out.

Convicted already detained

The Parquet must send an extract of the conviction to the registry of the prison to which it belongs.

If the person has been sentenced to a sentence of more than 3 months, the public prosecutor must also provide a notice specifying the following information:

  • The civil status of the convicted person
  • His professional situation
  • His family situation (married, entered into a civil partnership, single, etc.)
  • His usual behavior
  • His criminal record.

Upon receipt of all these documents, the situation inmate of the person is updated.

Victim's right to information

Once the decision has become definitive, the victim may request to be informed (or not to be informed) of the implementation the criminal conviction and the release of the perpetrator.

To do this, she must fill out a form:

Collection of the will of the victim to be or not to be informed about the execution of the sentence

A photocopy of the identity document (e.g. identity card, valid residence permit) must accompany the application.

These elements must be transmitted to the Registry of the public prosecutor or the attorney general of the court which pronounced the sentence.

Who shall I contact
Who shall I contact

The public prosecutor shall forward the request to the sentencing judge competent (or children's judge if the offender is a minor) to follow the convicted person.

If the victim asks to be informed, it receives information on the decisions taken on the method of execution of the prison sentence imposed on the perpetrator. This information is transmitted by post.

If the victim change of mind and no longer wishes to be informed, it must send a mail by registered letter with acknowledgement of receipt (LRAR) to public prosecutor or at attorney general of the court having pronounced the pain.

Right to compensation of the victim

The criminal court may order the perpetrator to pay compensation to the victim.

In this case, the payment of damages takes place under conditions which depend on the sentence handed down in addition to compensation to the victim.

FYI  

Under certain conditions, the victim may Claim compensation from the Victims Guarantee Fund (VGTF) through the Civi: titleContent.

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