Pre-trial detention

Verified 26 January 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Judicial investigation into a criminal case and headed by an investigative judge

Criminal procedure for placing a person accused in a criminal investigation in pretrial detention or placing him under house arrest with electronic surveillance, pending his prompt appearance before the criminal court

Set of fundamental rules and principles of law

Most serious offense punishable by imprisonment (e.g. intentional killing or rape)

Name given to certain judicial decisions taken by a single magistrate (presiding judge, investigating judge, etc.). For example, an order by an investigating judge to refer the case to the correctional court.

Lawyer elected by his colleagues in each bar association to represent them and guarantee the ethics and discipline of the profession. It designates court-appointed lawyers, settles disputes between them or with their clients.

Debate during which the various parties to a dispute were able to exchange their arguments

Magistrate at the head of the public prosecutor's office (or public prosecutor's office). It is the recipient of complaints and reports. It conducts investigations, prosecutions and enforces the law.

Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company

Formality by which a procedural document or a decision is brought to the attention of a person

Remedy by which a party to a trial requests a retrial of the case by a higher court

Service of a court composed of civil servants who assist judges in their mission

Act prohibited by law and punishable by a fine and/or imprisonment of less than 10 years

Debate in which each party is in a position to present its point of view and to discuss the evidence, facts and arguments relating to the case concerned

An offense of promoting the prostitution of another person or profiting from the prostitution of another person

All requests made by the Public Prosecutor to the investigating judge on the appropriateness of the prosecution

Deprivation of liberty of a suspect during a criminal investigation

Person suspected of having committed an offense or a contravention and prosecuted in the police court or the correctional court

Prohibited by law and punishable by criminal sanction

Pre-trial detention is the imprisonment of a person who has not yet been tried. Such detention may be ordered only under conditions prescribed by law and for a limited period. Pre-trial detention is possible in judicial information system, of immediate appearance, of deferred appearance or to appear on prior admission of guilt (plead guilty).

What applies to you ?

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A criminal investigation is an investigation conducted by an investigative judge. The suspected person may be remanded in custody during this judicial investigation. The conditions of pre-trial detention, the procedure to be followed and the length of detention are regulated by law.

A person may be remanded in custody when he or she is indictment for an offense punishable by a prison sentence of 3 years or more.

Indictment A person may also be remanded in custody if he or she fails to comply with a judicial review or a house arrest with electronic monitoring.

Pre-trial detention may be ordered only if judicial review or the wearing an electronic bracelet are not sufficient to achieve one or more of the following objectives:

Retain evidence or clues
Prevent pressure on witnesses or their families
Preventing pressure on victims or their families
Prevent fraudulent consultation between the accused person and his co-authors or accomplices (for example, to avoid agreement on a false version of the facts)
Ensure that the accused person remains at the disposal of the judiciary
To end the infringement or to avoid its renewal

The judge may also justify pretrial detention because of the disorder public order generated by the case. This ground is valid only for crimes. The media coverage of the case is not sufficient to justify a disturbance of public order.

The judge must indicate in his decision what are the objectives that make pretrial detention necessary.

FYI

indictment pre-trial detention may also be ordered when the person judicial review or house arrest with electronic monitoring.

Referral to the Judge of Liberties and Detention

Pre-trial detention is decided by the Judge of Liberty and Detention (JLD).

To lodge a complaint with the JLD, the investigating judge writes a ordinance.

The JLD then considers the request for remand in custody.

Hearing before the Judge of Liberties and Detention

Indictment The JLD receives the person

She must be assisted by a lawyer.

Indictment If the person is without a lawyer, he or she is advised that he or she must choose one.

If the person does not make a choice, counsel is appointed by the bastler.

The final decision shall be taken after a adversarial debate.

In this debate, the public prosecutor, the accused and his lawyer shall take the floor in turn.

FYI

indictment the person concerned has the right to request time to prepare his defense. In this case, the JLD can put the accused in prison for a maximum of 4 years working days. A new hearing must be held before the end of the period.

Decision of the Judge of Liberties and Detention

The JLD makes a ordinance.

In this order, the JLD may order the remand in custody. In this case, the accused goes to jail immediately.

Indictment The JLD may also refuse to place the person in pretrial detention. In this case, he can order a placement under judicial supervision or an placement under an electronic bracelet.

This order is notified indictment to the person at the end of the hearing.

Appeals

Indictment The person can do call the order for remand in custody.

The appeal may be made immediately after the hearing by a statement to the graft of the JLD.

Indictment Once the person is detained, the appeal must be made by a declaration of appeal form to be completed at the prison registry.

Indictment The person can also instruct their lawyer to file an appeal.

The appeal shall be considered by the chamber of investigation of the Court of Appeal.

Detention is first pronounced for an initial period. It can be extended during a judicial inquiry by the Judge of Liberties and Detention (JLD).

The length of pre-trial detention is not the same for a offense and for one crime.

The initial detention period is 4 months.

Before the end of this period, the measurement may be extended after a adversarial debate in front of the JLD.

FYI

the inmate may call of the ordinance the JLD, which extends pretrial detention.

Detention may be extended twice for a period of 4 months each time.

Pre-trial detention may not be extended beyond the first 4 months when the following 2 conditions are met:

Indictment imprisonment The person has not previously been sentenced to a criminal sentence or to a sentence of more than 1 year for an offense
Indictment The offense for which the person is convicted provides for a term of imprisonment of up to 5 years

The total duration of pre-trial detention is up to 1 year.

However, the maximum duration is 2 years if an act constituting the offense was committed outside France (for example, if a trafficker bought his goods abroad).

The maximum term is also increased to 2 years if the offense is a serious offense punishable by 10 years in prison. These include drug trafficking, terrorism, criminal conspiracy, procuring, extortion, organized crime.

Please note

the investigating chamber of the appeals court may exceptionally extend the detention. This decision allows for a final extension of pre-trial detention for a period of 4 months. Detention may then last for a maximum of 2 years and 4 months.

The initial period of pre-trial detention is 1 year.

After this period, pre-trial detention may be extended every 6 months after a adversarial debate in front of the JLD.

The inmate may call of the ordinance the JLD, which extends pretrial detention.

Indictment The maximum length of pretrial detention depends on the crimes for which the person is being held.

Crime punishable by less than 20 years in prison

The total length of detention is limited to 2 years.

This period is 3 years when one of the acts constituting the offense was committed outside France (for example, if in a case of violence, part of it took place abroad).

Please note