Judicial review

Verified 15 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Judicial review is a measure that restricts freedom of a person suspected of criminal offense when she faces a prison sentence. The person under judicial supervision must comply with obligations fixed by the judge, in progress of instruction or awaiting criminal trial. We'll give you the information you need.

Judicial review is not a penalty.

Judicial review is a measure that limits the freedoms of a person person suspected of having committed an offense crime or a offense punished by a pain imprisonment.

It makes it possible to to submit the person complained of to one or more obligations and prohibitions.

Judicial review is ordered when the accused person is in one of the following situations:

  • She's in awaiting trial as a result of preliminary investigation or a flagrancy investigation directed by the public prosecutor
  • She's indictment during a judicial inquiry of the examining magistrate.

Please note

A minor may be placed under judicial supervision from the age of 13.

The alleged acts of the accused person must be punishable by a prison sentence.

Judicial review may be ordered as security measure, to prevent the person from to commit a new offense. It can also be implemented to allow the investigation to proceed smoothly, avoid putting pressure on other people  and for ensure the presence of the person before the judge.

FYI  

If judicial review is not sufficient, the person may be placed in pretrial detention or be house arrest under electronic surveillance.

The procedure for placing under judicial supervision depends on the status given to the suspect.

The suspect may be indicted in a judicial inquiry.

The suspect may be defendant, i.e. awaiting judgment by the correctional court after an investigation led by the public prosecutor or after a judicial inquiry.

Please note

After a judicial inquiry, a accused waiting for sound trial before the court of assises or the criminal court may also be placed under judicial supervision.

Charged

Indictment In a criminal investigation, a person may be placed under judicial supervision.

Judicial review can be ordered indictment during the the person or throughout the procedure.

Indictment During the

The investigating judge may place under judicial review a person whom he has just indicted, if he considers that necessary for the judicial inquiry. In this case, he must obtain the opinion of the public prosecutor.

If the investigating judge considers that judicial review is not sufficient for the purposes of the judicial inquiry, he may request that pretrial detention.

In this case, he must refer the case to the Judge of Liberty and Detention (JLD). Indictment The JLD can refuse pre-trial detention and place the person under judicial supervision.

Indictment The person can to appeal the decision placing under judicial supervision.

The call is done in 10 days from notification by a statement to the registrar of the judge who made the decision.

Who shall I contact

The appeal is heard by the investigating chamber of the court of appeal.

Indictment After the

As a result of application for release or to the end of a period of pretrial detentionindictment , a person may be released.

The judge who accepts the request for release or who does not extend the pretrial detention may place the person under judicial supervision.

This decision may be appealed. The call is done in 10 days from notification of the decision by a statement to the Registrar of the Judge who made the decision.

Who shall I contact

The appeal is heard by the investigating chamber of the court of appeal.

Defendant

An accused may be placed under judicial supervision pending the hearing at which he is to be tried.

It may be a hearing of immediate appearance, which allows the prosecutor to to rule urgently the defendant just after he was taken into custody.

It can also be a hearing following a summons by means of minutes. In such cases, the accused shall be tried within a maximum of 6 months after police custody.

It may also be a defendant awaiting trial after a judicial inquiry.

Immediate appearance

Where the hearing for immediate appearance cannot take place immediately after police custody, the Public Prosecutor may request the pretrial detention of the defendant.

The Judge of Liberties and Detention is seized and must to examine the application, after hearing the defendant or his lawyer.

The judge may refuse pre-trial detention and order a judicial review. Judicial review remains in place until the hearing.

There's no no recourse against this decision.

Summoning by means of minutes

The public prosecutor may request that the accused be placed under judicial supervision following a summoning by means of minutes.

The Judge of Liberties and Detention must examine the application after hearing the defendant and his lawyer.

The judge may accept or refuse the introduction of judicial review.

After a judicial inquiry

Following a request for the release of an accused in pretrial detention, a judicial review may be ordered by the court hearing the case.

The person under judicial supervision must comply with obligations and prohibitions provided for by law.

The judge decides which ones are necessary depending on the case and personality of the Respondent.

Limited freedom of movement

The person under judicial supervision may be restricted in their freedom of movement.

The bans The following are possible:

  • Exceeding certain territorial limits set by the judge
  • To be absent from home except under the conditions laid down by the court
  • Visiting certain places determined by the judge, including the family’s home in cases of domestic violence
  • Take part in public demonstrations in places determined by the judge.

Bonds The following are possible:

  • Inform the judge of any movement beyond the specified limits
  • Leaving the family’s home in case of domestic violence
  • Hand over the identity papers, including the passport.

Monitoring and surveillance

The person under judicial supervision may be controlled by prohibitions and obligations determined by the judge.

The bans The following are possible:

  • Meet certain persons determined by the judge, in particular the victim of violence committed within the couple (check possible using a mobile electronic anti-rapprochement device)
  • Engaging in certain professional or social activities
  • To carry out an activity in relation to minors.

Bonds The following are possible:

  • Periodically (e.g. weekly or monthly) visit the police station or gendarmerie brigade. We're talking about scoring.
  • Undergo socio-educational follow-up (vocational activity or training)
  • Undergo medical follow-up.

Medical monitoring includes the following:

  • Undergo examination, treatment, or care measures even under hospitalization (for detoxification or psychologic/psychiatric follow-up)
  • Submit to health, social or psychological care regarding family violence.

Financial guarantees

Bond

The judge may provide one security, that is, the payment of a certain amount of money by the person under judicial supervision. The judge must determine the amount of that sum to be paid and must be divided into 2 parts:

  • A first part of the surety must guarantee compliance with other obligations judicial review and the presence of the person at judicial summonses. That portion of the money can be returned to the individual if they meet their obligations and attend the summonses.
  • A second part of the bond shall be used to compensation of the victim in the event of conviction. That money is returned to the person if he or she is not convicted.
Payment of family expenses

The judge can ask the person under judicial supervision to provide proof of payment of family expenses following:

Other prohibitions

Other prohibitions which the judge may decide are:

  • Driving a vehicle or driving certain vehicles with the obligation to hand over the driving license if necessary
  • Possess or carry a weapon
  • Write checks.

Judicial review may be amended throughout the procedure.

The judge may add or remove obligations and prohibitions or even terminate judicial review.

At any time, the person under judicial supervision can request deletion or modification certain obligations or prohibitions. It may also request release (i.e. the removal) of its judicial review.

Example :

The judicial review of a person provides for the obligation to go once a week to the police or the gendarmerie for a scoring. The person has a long history of meeting that obligation. They can then apply for an amendment to go to the police station or the gendarmerie only once a month. The person may also request the removal of this obligation.

The procedure differs depending on whether the person is indictment in a judicial inquiry or if it is awaiting trial as a defendant or accused .

When the person requests the end of his judicial review (we speak of release), the decision must be rendered in a period of 5 days from the request.

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Charged

Indictment Even if the judicial review was decided by the liberty and detention judge, the person must to lodge his application of amendment with the examining magistrate.

Indictment The person or their lawyer must make the request by declaration with the Registrar of the investigating judge.

Indictment Where the person concerned or his lawyer does not reside within the jurisdiction of the investigating judge, the request may be made by registered letter with notice of receipt addressed to the investigating judge.

Who shall I contact

Before making his decision, the investigative judge asks for the opinion of the public prosecutor.

The accused may appeal within a period of 10 days from notification of the decision of the investigating judge.

The call is made by a statement to the registrar of the judge who made the decision.

The appeal is heard by the investigating chamber of the court of appeal.

Warning  

At the end of the judicial inquiry, the investigating judge may decide to keep the person under judicial supervision until the judgment before the correctional court or the criminal court. In this case, the request for a change in judicial supervision must be made to the court of judgment.

Defendant

The change request of judicial review must be addressed to JLD: titleContent of the court that's going to try the case.

The accused or his lawyer must make the request by statement to the Registrar of the JLD.

Where the defendant or his lawyer does not reside within the jurisdiction of the court, the request can be made by registered letter with notice of receipt addressed to the JLD.

Who shall I contact

The defendant can do call of the decision refusing the amendment in the 24 hours from the notification of the refusal.

The call is made by a statement with the Clerk of the JLD who made the decision.

Accused

A defendant awaiting trial to the court of assises or the criminal court may apply for the amendment or release of its judicial review. This request must be made to the President of the investigating chamber of the court of appeal.

The accused or his or her lawyer must make the request by declaration to of the Registrar of the Chamber of Investigation.

Where the accused or his lawyer does not reside within the jurisdiction of the Court of Appeal, the request can be made by registered letter with notice of receipt.

Who shall I contact

The accused may appeal of the decision refusing the amendment by a declaration to the Registrar of the chamber of investigation.

Warning  

If the trial is ongoing, the request for a change in judicial review must be made to the criminal court or the Assize Court, as the case may be.

When a person under judicial supervision does not comply voluntarily her obligations, she risks the revocation judicial review.

The revocation judicial review is a decision of the judge that ends judicial review and leads to pretrial detention.

If a judicial inquiry is under way, the investigating judge may take a arrest warrant or a order to bring to compel the person to appear before the JLD: titleContent who should decide whether to place it in pretrial detention.

If there is no judicial inquiry, the warrant may be issued by the JLD or the court of trial as appropriate.

If the person is awaiting trialHowever, it is the public prosecutor who requests the remand in custody. The JLD may modify the obligations of judicial review or place the person under electronic bracelet.

Please note

The police or gendarmerie can arrest a person if there is reason to believe that they are not respecting their judicial review. The person may be detained for a maximum of 24 hours.

Judicial review of the indictment may be terminated during the judicial inquiry or when is closed.

Judicial review of the defendant or the accused ends with the trial.

Charged

Judicial review may be terminated during criminal investigation or when it is closed.

During the criminal investigation

Judicial review can be released, that is, removed at any point in the procedure.

Indictment Release may take place at the initiative of the investigating judge, at the request of the Public Prosecutor or at the request of the person concerned.

The request is made by declaration to the Registrar of the investigating judge.

The judge seeks the opinion of the public prosecutor and rules in a period of 5 days from the request.

Indictment In the event of failure to comply with this time limit, the person or his lawyer may enter directly the investigating chamber of the court of appeal.

At the end of the criminal investigation

When the judge closes the judicial inquiry, he can make a decision to non-suit or a decision to refer the case back to the court of first instance.

When the judge makes a decision to no case, judicial review ends.

Judicial review can continue after the end of the judicial inquiry only when the person concerned is to be tried.

If it's a trial to the court of assises or the criminal court, judicial review is automatic held until trial.

If it's a trial before the correctional court, judicial review ends. However, the investigating judge may decide to maintain judicial review until trial by a separate decision which must state the reasons for retention.

Accused or Accused

The accused or the accused may apply for release judicial review, before the court of judgment.

Judicial review ends at the end of the trialwhether or not the person is convicted.

However, in the event of a conviction stay of probation, the court may to maintain obligations from judicial review.

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