Judicial review

Verified 12 July 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

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 a measure deprivation of liberty, imposed on a person suspected of having committed a crime criminal offense and which incurs a pain imprisonment.

The purpose of judicial review is to to prevent any further attempt to commit an infringement by the person complained against and to allow the person to appearance before the competent court.

Judicial review is a measure which subjects the person concerned to one or more obligations.

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 commit a new offense. It can also be implemented to allow the investigation to proceed smoothly and for ensure the presence of the person before the judge.

FYI  

in the event of new offenses or failure to comply with judicial supervision, 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.

Charged

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

Indictment Judicial review may be decided upon at the time of the person's 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). The JLD indictment may refuse pre-trial detention and place the person under judicial supervision.

Indictment The person can challenge the decision placing under judicial supervision.

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

Who shall I contact

The call is examined 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 detention, indictment a person can 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.

That decision can be challenged. The call is done in 10 days from notification of refusal, by a statement to the registrar of the judge who made the decision.

Who shall I contact

The call is examined 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 that 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 this case, the accused shall be tried within a maximum of 6 months after police custody.

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 one summons to minutesal.

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.

That decision can be challenged. The call is done in 10 days from notification of refusal, by a statement to the registrar of the judge who made the decision.

Who shall I contact

FYI  

following a request for the release of an accused in pretrial detention, a judicial review may also 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
  • Provide identity documents, including 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 with certain persons determined by the judge, including the victim of violence committed within the couple
  • 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 control. 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
  • Issue checks

Judicial review may be amended throughout the procedure.

The judge may add or remove obligations and prohibitions or to put an end to it.

At any time, the person under judicial supervision can request deletion or modification certain obligations or prohibitions. It may also to request the lifting 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.

If the person is indictment, it must to submit an application of amendment to the examining magistrate.

The change request should be sent to the court qWho should try the case?, in the correctional court if the person is defendant, or the court of assize if the person is 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.

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.

Where the accused person 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 of the decision of the investigating judge in the 10 days from the notification of the refusal.

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  

for the purpose of judicial inquiry, the investigating judge may decide to keep the person under judicial supervision until the judgment before the correctional court or the court of assize. 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 the court that will try the case. This is the correctional court.

The request shall be made by declaration to the registrar of the court concerned by the accused or his lawyer.

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

Who shall I contact

The defendant can do call of the decision refusing the amendment in the 10 days from the notification of the refusal.

The call is made by a statement with the Registrar of the Tribunal which made the decision.

Accused

A defendant awaiting trial before the court of assises must make an application for a change in judicial review to the investigating chamber of the court of appeal.

The application shall be made by declaration to of the Registrar of the Chamber of Investigation by the defendant or his lawyer.

When the accused or his lawyer does not reside within the jurisdiction of the Court of Appeal, the request may 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 supervision must be made to the court of assize.

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

The investigating judge may take a arrest warrant or a order to bring to compel the person to appear before the JLD, which must decide whether to place him or her in pretrial detention.

If the person is awaiting trialHowever, it is the public prosecutor who requests the remand in custody.

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 indicted may terminate during criminal investigation 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 may be released 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 must be tried.

If it's a trial before the court of assises, judicial review shall be 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, the accused or their lawyer can request deletion or modification certain obligations or prohibitions, or the lifting of its 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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