Is the lawyer obligatory in a criminal trial?
Verified 22 September 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The lawyer is not always obligatory before the court in criminal matters. In some procedures, the law requires it. Even when the lawyer is not obligatory, the defendant and the victim civil party may request that a lawyer be appointed or that a lawyer be appointed with legal aid.
Defendant
The lawyer isn't necessarily obligatory. It all depends on the type of procedure.
Procedure concerned | Mandatory lawyer? |
|---|---|
Immediate appearance | Yes |
Delayed appearance | Yes |
Pre-Conviction Appearance | Yes |
Quote, direct quote | No |
Summons by judicial police officer | No |
Summons by minutes | No |
Court of Appeal | No |
Court of Assize | Yes |
Court of Cassation | No |
Who shall I contact
If the accused does not know a lawyer, he can ask for one official clerk in the following situations:
- Procedures where the lawyer is obligatory
- At his request, even when the lawyer is not obligatory
- Rapid trial procedures (immediate appearance, appearance on prior conviction or deferred appearance)
Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.
At the hearing, the request must be made to the Hearing Officer.
A public defender is not free and must be paid by the defendant he is defending, depending on his income and the complexity of the case. If the accused does not have enough income, he can apply for legal aid.
In all criminal proceedings concerning a minorNo, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no,
Who shall I contact
If the accused minor (or his legal representatives) does not know a lawyer, he can ask for one official clerk.
Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.
At the hearing, the request must be made to the Hearing Officer.
A public defender is not free of charge and must be paid by the minor he defends or his legal representativesbased on their income and the complexity of the case. If they don't have enough income, they can apply for legal aid.
Victim civil party
The victim civil party He doesn't have to have a lawyer.
If she wants one and she doesn't have enough income, she can apply for legal aid.
Who shall I contact
If the victim does not know a lawyer, he or she can ask for one official clerk.
Before the hearing, the appointment of the court-appointed lawyer shall be made by the bastler from the bar association.
At the hearing, the request must be made to the Hearing Officer.
A public defender is not free and must be paid by the victim he or she is defending, depending on his or her income and the complexity of the case.
- Code of Criminal Procedure: article 274Court of Assize
- Code of Criminal Procedure: article 317Court of Assize
- Code of Criminal Procedure: articles 389 to 392-1Quote, direct quote, summons by judicial police officer
- Code of Criminal Procedure: articles 393 to 397-7Summoning by minutes, appearance immediately, appearance delayed
- Code of Criminal Procedure: articles 495-7 to 495-16Pre-Conviction Appearance
- Code of Criminal Procedure: Articles 496 to 509-1Court of Appeal
- Code of Criminal Procedure: Articles 567 to 574-2Court of Cassation
FAQ
- How do I get legal aid?Service-Public.fr
- What is the lawyer’s role?Service-Public.fr