Security Retention
Verified 07 August 2026 - Public Service / (Prime Minister), Ministry of Justice
Is a detainee systematically released at the end of his sentence? No, if it is subject to security detention. This measure consists in placing a criminal considered to be very dangerous in a care center as soon as the custodial sentence. Retention of security may be considered for some criminals but also as part of the fight against recurrence terrorist. We present you the information to know.
The rules applicable to criminals in security retention are different from those for authors of terrorist attacks in terrorist security detention.
Security Retention
Security detention is a measure reserved for criminals whose profile suggests that they can reoffend.
This system allows a convicted person to be placed in a socio-medico-judicial security center at the end of the sentence. custodial sentence.
Placement in a care center entails medical, social and/or psychological care with the aim of reducing the dangerousness of the sentenced person.
Thus, the convicted person remains deprived of his liberty until he no longer poses a danger to business.
In general, retention of security may be envisaged where the court of assizes provides in its sentencing decision the situation of the convicted person will be reviewed at the end of his sentence. The court must clarify that such an examination may lead to detention.
This measure can also be envisaged during a safety oversight.
The conditions for deciding on security detention depend on the context in which it is envisaged: at the time of conviction or during security supervision.
Conditions for establishing security detention at the time of sentencing
Where the Assize Court provides that security detention may be envisaged, all of the following conditions must be met in order for it to be fixed:
1. Conditions relating to the crime committed and the sentence imposed
The type of crime who may result in a detention order depends on the age of the person on whom the detention order is issued. offense has been committed (major victim or minor victim).
In all cases, this measure can be considered only if the criminal has been sentenced to a penalty of 15 years or more criminal imprisonment.
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Crime committed on a major
The person must have been convicted of committing one of the following crimes:
- Rape aggravated (for example, rape committed by several persons or accompanied by torture)
- Aggravated murder (murder following rape, for example)
- Assassination
- Torture and aggravated acts of barbarism (for example, when the victim died as a result of his or her injuries)
- Aggravated abduction or kidnapping (e.g. kidnapping committed in organized gang).
FYI
This measure may also be implemented when murder, torture and barbarism, rape, abduction or kidnapping have been committed in recurrence.
Crime committed against a minor
The person must have been convicted of committing one of the following crimes:
- Rape
- Murder or assassination
- Torture and acts of barbarism
- Abduction or sequestration.
2. Conditions relating to the personality of the criminal
Security detention may be considered for a criminal who presents a high degree of danger characterized by a very high risk of recurrence, because he suffers from a serious personality disorder.
3. Conditions for the execution of the sentence
During the execution of the sentence, the convicted person must have received appropriate care for the personality disorder from which he suffers.
If this care has not made it possible to remedy his state of dangerousness, security detention may be decided.
Conditions for establishing security retention during security surveillance
During security supervision, security retention may be considered only if the following 3 conditions are met:
- The person has violated security oversight obligations (e.g., the convicted person no longer wants to undergo treatment prescribed by a physician as part of a injunction for care) or refused to wear an electronic bracelet
- The person again presents a particular danger that results in a very high probability of recurrence
- Strengthening the obligations of safety oversight is insufficient to prevent the commission of a new offense.
The procedure by which a detention order is made depends on the occasion on which the measure was considered:
At the time of conviction
Procedure for establishing security detention
At least 1 year before the end of the sentence, the multidisciplinary commission on security measures shall select a specialized service in which the convicted person shall be placed for 6 weeks.
The purpose of this service is to assess the dangerousness of the convicted person. It is also the subject of medical expertise.
If the CPMS: titleContent concludes that this person is particularly dangerous, he gives a reasoned opinion to attorney general on which it depends.
If the conditions for security detention are met, the Attorney General shall refer the case to the regional jurisdiction for security detention for a decision on detention.
Please note
If the CPMS considers that the conditions for security detention are not met but that the person remains dangerous, it shall refer the case to the sentencing judge. This judge may possibly order a placement under judicial oversight.
The regional jurisdiction for security detention shall issue a reasoned decision after hearing the Attorney General, the convicted person and his lawyer during a adversarial debate.
The decision is notified to the convicted person through the director of the penal institution in which he is.
If the regional court of detention decides on detention, the convicted person is taken to a care center at the end of his sentence.
FYI
Before the regional court of detention, the assistance of a lawyer is mandatory. If the convicted person does not have sufficient financial resources to hire a lawyer, he or she may apply for legal aid.
Who shall I contact
Challenging the decision to place the person in detention
The decision of the JRRS may be challenged by the convicted person before the national jurisdiction for security detention (JNRS).
This jurisdiction is located at the Court of Cassation.
Who shall I contact
The appeal must be made within 10 days from the notification of the decision.
The appeal is not suspensive: the security detention measure may apply.
The decision of the JNRS: titleContent may be the subject of appeal on a point of law within 5 days of notification.
During safety monitoring
Decision to place the person in detention
During a safety oversight, placement may be ordered in emergency by the President of the regional jurisdiction for security detention.
This temporary placement must be confirmed no later than 3 months following the commencement of the detention measure, by the regional detention court.
If this deadline is not respected, the security retention shall automatically end.
The JRRS: titleContent may confirm detention after obtaining the favorable opinion of the multidisciplinary commission on security measures.
She must also have heard, attorney general, the convicted person and his lawyer during a adversarial debate.
This decision is notified to the person sentenced by:
- The intermediary of the director of the penal institution in which he is
- The intermediary of the director of the medico-socio-judicial security center if the convicted person is already detained
- Letter RAR: titleContent, if the convicted person is free.
FYI
Before the regional court of detention, the assistance of a lawyer is mandatory. If the inmate does not have sufficient financial resources to seek legal counsel, he or she may apply for legal aid.
Challenging the decision to place the person in detention
The decision of the JRRS may be challenged by the convicted person before the national jurisdiction for security detention (JNRS).
This jurisdiction is located at the Court of Cassation.
Who shall I contact
The appeal must be made within 10 days from the notification of the decision.
The appeal is not suspensive: the security detention measure may apply.
The decision of the JNRS: titleContent may be the subject of appeal on a point of law within 5 days of notification.
The person who is the subject of a security detention is placed in a socio-medico-judicial security center.
It is attended by prison officers and staff of public health institutions (doctors, psychologists, nurses, etc.).
These professionals provide medical, social and psychological care for the convicted person (example: therapy sessions).
The purpose of this care is to reduce the danger of the person detained so that the security detention can end.
FYI
Medical care may give rise to the prescription of a libido inhibitor therapy.
From the outset of the detention, the detained person shall be informed of his or her rights.
During detention, the detained person shall have the right:
- To participate in educational or training activities, within the care center or by correspondence
- To work in a job compatible with his presence at the center
- To practice cultural, sporting or leisure activities, some of which must be carried out outside
- To practice religious or philosophical activities
- To send or receive letters
- Receive visits and call every day (at your own expense or at the expense of your correspondent).
FYI
The Director of the Prison Service may restrict these rights (e.g. suspension of activities) if the maintenance of order or security in the center so warrants. It may also decide on this restriction if the person selected has not complied with the obligations to which he is subject.
In special circumstances, the detained person may be allowed to leave the care center. These are the following 2 situations:
- In case of a serious family event (example: burial of a parent). In this case, the exit will take place under escort policewoman
- To maintain family ties or to prepare for the end of detention. In this case, the exit can be granted for several days but the person will have to wear an electronic bracelet.
Permission is granted or denied by the sentencing judge.
This decision may be challenged before the regional jurisdiction for security detention within 5 days of its notification.
The decision to place the person in detention shall be valid for a period of time of 1 year.
It may be renewed for the same period, without limitation.
Thus, from year to year, the retention of security may be renewed by decision of the regional jurisdiction for security detention, after consulting the Jap: titleContent and CPMS: titleContent.
Nevertheless, the renewal takes place only whether the conditions that justified its establishment are met.
In principle, security detention ends when the person detained no longer presents the risks of danger that motivated the use of this measure.
However, the security detention may end before the expiry of the time limit provided if the detained person makes a application for release and that:
- The regional court for security detention shall accept the request
- Or that court has not replied to the request within 3 months.
The application for release must be made by query forwarded to the regional court for security detention.
It can only be performed after a period of 3 months following the final decision of placement in security detention. If rejected, the successful candidate must meet a new 3-month deadline to make another application.
Reminder
Before the regional court of detention, the assistance of a lawyer is mandatory. If the inmate does not have sufficient financial resources to seek legal counsel, he or she may apply for legal aid.
Who shall I contact
Terrorist Security Detention
Terrorist security detention is a measure reserved for persons convicted of committing a terrorist crime (e.g. an attack) and whose profile suggests that they may reoffend.
This system makes it possible to place the sentenced person in a socio-medico-judicial security center at the end of the sentence. custodial sentence.
Placement in a care center entails medical, social and/or psychological care with the aim of reducing the dangerousness of the sentenced person.
Thus, the convicted person remains deprived of his liberty until he no longer poses a danger to business.
The detention of terrorist security may be considered in the sentence handed down by the Assize Court. Otherwise, it may be provided for by the Counter-Terrorism Public Prosecutorduring the execution of the sentence.
The conditions for deciding on a terrorist security detention depend on the context in which it is envisaged:
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Detention by the Assize Court
Where the Assize Court provides that security detention may be envisaged, the following two conditions must be met for it to be put in place:
- The person must have been sentenced to 15 years or more of criminal imprisonment for committing a terrorist crime
- At the end of the sentence, the person must present a particular danger characterized by a very high probability of recurrence because it adheres to an ideology or theses that incite the commission of acts of terrorism. The person must also suffer from mental disorders.
Detention by the Public Prosecutor
The public prosecutor may consider terrorist security detention if the following three conditions are met:
- The person must have been sentenced to 15 years or more of criminal imprisonment for committing a terrorist crime
- The person presents a particular danger characterized by a very high probability of recurrence because it adheres to an ideology or theses that incite the commission of acts of terrorism. The person must also have a mental disorder
- The person has already served at least half of his sentence.
The procedure by which a terrorist security detention is established depends on the context in which it was envisaged:
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Detention envisaged by the Assize Court
At least 1 year before the end of the sentence, the multidisciplinary commission on security measures (CPMS) shall select a specialized service in which the convicted person shall be placed for 6 weeks.
The purpose of this service is to assess the dangerousness of the convicted person. It is also the subject of medical expertise.
If the CPMS: titleContent concludes that this person is particularly dangerous, he can propose that he be subject to a terrorist security detention.
Nevertheless, it is necessary that this measure is the only way to prevent the commission of a new act of terrorism (other measures such as judicial measures for the prevention of terrorist recidivism and reintegration being insufficient).
If the conditions for security detention are met, the Counter-Terrorism Public Prosecutor grab it regional jurisdiction for security detention for a decision on detention.
Please note
If the CPMS considers that the conditions for security detention are not met but that the person remains dangerous, it shall refer the case to the sentencing judge. This judge may possibly order a placement under judicial oversight.
After a adversarial debate, the regional court for security detention shall issue a reasoned decision.
The decision is notified to the convicted person through the director of the penal institution in which he is.
FYI
Before the regional court of detention, the assistance of a lawyer is mandatory. If the convicted person does not have sufficient financial resources to hire a lawyer, he or she may apply for legal aid.
The decision of the JRRS may be challenged by the convicted person before the national jurisdiction for security detention (JNRS).
This jurisdiction is located at the Court of Cassation.
Who shall I contact
The appeal must be made within 10 days from the notification of the decision.
The appeal is not suspensive: the security detention measure may apply.
The decision of the JNRS: titleContent may be the subject of appeal on a point of law within 5 days of notification.
Detention envisaged by the public prosecutor
If the Assize Court has not provided for a detention of terrorist security, this measure may be considered by the Counter-Terrorism Public Prosecutor.
When the convicted person served half of his sentence, the public prosecutor may refer the matter to the multidisciplinary commission on security measures (CPMS).
Please note
If the person is sentenced to life imprisonment, the prosecutor must wait until he has served 18 years in prison (22 in the case of a repeat offense) before referring the case to the CPMS.
This commission examines the convicted person. It then issues a report on whether the convicted person's situation should lead to terrorist security detention.
If the CPMS considers that the conditions for security detention are met, the Counter-Terrorism Public Prosecutor shall refer the matter to the regional jurisdiction for security detention for a decision on detention.
After a adversarial debate, the regional court for security detention shall issue a reasoned decision.
The decision is notified to the convicted person through the director of the penal institution in which he is.
FYI
Before the regional court of detention, the assistance of a lawyer is mandatory. If the convicted person does not have sufficient financial resources to hire a lawyer, he or she may apply for legal aid.
The decision of the JRRS may be challenged by the convicted person before the national jurisdiction for security detention (JNRS).
This jurisdiction is located at the Court of Cassation.
Who shall I contact
The appeal must be made within 10 days from the notification of the decision.
The appeal is not suspensive: the security detention measure may apply.
The decision of the JNRS: titleContent may be the subject of appeal on a point of law within 5 days of notification.
The person who is subject to anti-terrorist security detention shall be placed in a socio-medico-judicial security center.
It is attended by prison officers and staff of public health institutions (doctors, psychologists, nurses, etc.).
These professionals provide medical, social and psychological care for the convicted person (example: therapy sessions).
The purpose of this care is to reduce the danger of the person detained so that the security detention can end.
From the outset of the detention, the detained person shall be informed of his or her rights.
During detention, the detained person shall have the right:
- To participate in educational or training activities, within the care center or by correspondence
- To work in a job compatible with his presence at the center
- To practice cultural, sporting or leisure activities, some of which must be carried out outside
- To practice religious or philosophical activities
- To send or receive letters
- Receive visits and call every day (at your own expense or at the expense of your correspondent).
FYI
The Director of the Prison Service may restrict these rights (e.g. suspension of activities) if the maintenance of order or security in the center so warrants. It may also decide on this restriction if the person selected has not complied with the obligations to which he is subject.
In special circumstances, the detained person may be allowed to leave the care center. These are the following 2 situations:
- In case of a serious family event (example: burial of a parent). In this case, the exit will take place under escort policewoman
- To maintain family ties or to prepare for the end of detention. In this case, the exit can be granted for several days but the person will have to wear an electronic bracelet.
Permission is granted or denied by the sentencing judge.
This decision may be challenged before the regional jurisdiction for security detention within 5 days of its notification.
The decision to place the person in detention shall be valid for a period of time of 1 year.
It may be renewed for the same period, without limitation.
Thus, from year to year, the retention of security may be renewed by decision of the regional jurisdiction for security detention, after consulting the Jap: titleContent and CPMS: titleContent.
Nevertheless, the renewal takes place only whether the conditions that justified its establishment are met.
In principle, security detention ends when the person detained no longer presents the risks of danger that motivated the use of this measure.
However, the security detention may end before the expiry of the time limit provided if the detained person makes a application for release and that:
- The regional court for security detention shall accept the request
- Or that court has not replied to the request within 3 months.
The application for release must be made by query forwarded to the regional court for security detention.
It can only be performed after a period of 3 months following the final decision of placement in security detention. If rejected, the successful candidate must meet a new 3-month deadline to make another application.
Reminder
Before the regional court of detention, the assistance of a lawyer is mandatory. If the inmate does not have sufficient financial resources to seek legal counsel, he or she may apply for legal aid.
Who shall I contact
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Find who can answer your questions in your region
For further information on security retention
Prison Service for Integration and Probation (Spip)To be assisted before the courts of detention
Lawyer
Rules specific to security retention
Terrorist Security Detention
Procedure for placing in security detention
Reception of persons in a socio-medico-judicial security center
Service Public