Pre-Conviction Appearance (PRAC)

A Pre-Conviction Hearing (PCRC) is a trial procedure quickly the author of theinfringement, provided that it recognize the facts alleged.

It is applied for some offenses at the request of the public prosecutor, the perpetrator or his lawyer.

This procedure takes place in 2 mandatory steps : the prosecutor's sentencing proposal and the probate hearing.

The sentence proposed by the prosecutor may be accepted or refused by the offender.

If the sentence is accepted, the case shall be referred to the judge for approval.

If the author refuses, he shall be summoned again to be tried in a trial before the correctional court.

The victim of the offense shall be informed of this procedure. She's notified of the date of the hearing to enable it to civil party.

The CRPC procedure makes it possible to judge simple business and fit to stand trial, for example in the absence of any request for expertise or multiple authors.

The person complained of must be of age at the time of the events.

She must acknowledge the facts who are blamed on him, otherwise it's here proceedings before the criminal court which must apply.

The CRPC procedure applies for every offenses. However, it does not apply pitch the following offenses:

• Crimes of personal injury and sexual assault when punishable by a prison sentence of more than 5 years (e.g. violence, sexual assault)
• Offenses manslaughter
• Press offenses (e.g. insult, defamation)
• Political offenses

The crimes and contraventions cannot be tried in the CRPC.

The PRCA procedure allows the public prosecutor to propose all applicable penalties to the offense in question.

The prosecutor may propose a penalty of prison and/or a sentence fine.

The accused person must it is compulsory to have a lawyer present.

She speaks freely with him before making her decision known. In this interview, the lawyer brings together all the personal elements of the defendant (tax assessment, medical certificate, employment certificate...) to negotiate the sentence with the D.A.

The lawyer checks whether or not the proposed sentence is appropriate to the facts.

Three choices are possible for the accused person: they may accept the proposed penalty immediately, the refuse or request a reflection period up to 10 days.

At this public hearing, the presence of the prosecutor is not mandatory, because there is no debate on guilt and punishment.

The judge checks the facts. If they are an offense. They hear the person and their counsel on the proposed sentence.

The judge may decide to approve (i.e. validate) or refuse the prosecutor's proposal. It may not amend or supplement it.

The public hearing and the judge's decision must take place on the same day.

The order is immediately enforceable, both for main penalties and for supplementary penalties. Which means it can be applied as soon as pronounced.

The public prosecutor may proceed immediately to the implementing measures certain penalties, such as the suspension of driving licenses.

If the penalty is a life sentencefirm imprisonmentHowever, the convicted person may go to prison after the hearing, even if he or she may challenge the decision.

If the penalty is a life sentenceamenable imprisonment, the convicted person shall immediately be summoned to the .

If the penalty is a life sentencefine, a record of the criminal conviction shall be sent to the convicted person indicating how to pay it. The convicted person shall receive a 20% reduction if the fine is paid within 30 days of notification.

The convicted person shall have a period of 10 days from notification of the decision, for appeal of the approval order. This is calledmain call.

The appeals court will retry the case.

If the convicted person is the only one to appealHowever, the court of appeal cannot increase the sentence validated at the certification hearing.

The court of appeal may increase the sentence only if the prosecutor makes a cross-call. That is to say, whether the prosecutor also appeals after the one brought by the convicted person.

The identified victim must be informed without delay of the implementation of the CRPC procedure prior to the certification hearing.

The PRCA procedure does not prevent the victim from obtaining compensation by civil party.

She can ask compensation for his loss, by the payment of damages before or during the certification hearing.

She's invited to appear with the perpetrator, at the certification hearing. She can be heard. However, its presence is not mandatory.

In case of absence, it must send in its civil party constitution and his claim for compensation no later than the day of the hearing. The judge may accept or refuse his or her requests. He decides on the amount of compensation.

If it so wishes, the civil party may be assisted by a lawyer.

It may apply for legal aid if his income is insufficient.

The civil party may appeal of that decision within 10 days from the date of delivery of the contradictory judgment, that is to say, in the presence of the parties or their lawyers.