Le lien vers cette page a été envoyé avec succès aux destinataires.
Pre-trial detention
Verified 30 September 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
The pretrial detention is imprisonment of a person who has not yet been tried. We present you with the information you need to know.
What applies to you ?
Veuillez patienter pendant le chargement de la page
Judicial inquiry
A criminal investigation is an investigation conducted by a examining magistrate in order to prove the existence of infringement and to identify the perpetrators.
A person may be remanded in custody when it is indictment in a judicial inquiry for a offense punishable by imprisonment 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.
The judge must indicate in his decision what are the objectives that make pre-trial detention necessary.
The pretrial detention may be ordinate only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:
- 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 disorder at public order generated by the case may also justify pretrial detention. This ground is valid only for crimes. The media coverage of the case is not enough to justify a disturbance of public order.
Decision of the investigating judge
Pre-trial detention is decided by the judge of liberty and detention (JLD)
The investigative judge does not make the decision remand in custody.
However, after questioning the accused, he decides to apply to the JLD for pretrial detention.
He grabs the JLD by giving a ordinance for the purpose of pre-trial detention.
The JLD then considers the request for remand in custody.
Hearing before the Judge of Liberties and Detention
Indictment After being questioned by the investigating judge, the person is brought before the JLD for a audience.
Indictment The person must must be assisted by a lawyer.
Indictment If the person is without a lawyer, she is informed that she must choose one. If the person does not no choice, a lawyer is appointed by the bastler.
The decision of the JLD on remand in custody comes after a adversarial debate.
In this debate, the public prosecutor, the defendant and his lawyer shall have the floor in turn.
FYI
indictment the person right to request time to prepare a defense. During this time, the JLD may indictment to imprison the person for a maximum duration of 4 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. She's notified indictment to the person at the end of the hearing.
In the order, the JLD may order remand in custody. Indictment In this case, the person goes to jail immediately.
The JLD can also indictment refuse to place the person in pretrial detention. In this case, instead of detention, the JLD may order a placement under judicial review or a house arrest with electronic monitoring.
Appeals
Indictment The person can do call of the order remand in custody.
The call must be made within 10 days that follow the notification of the decision.
The accused may appeal immediately after the hearing by statement to the graft of the JLD.
Indictment Once the person in custody, the call must be made by means of a declaration of appeal to be filed with the registry of the penitentiary establishment.
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.
Pre-trial detention is first pronounced for an initial period. She may be extended in the course of a judicial inquiry by the Judge of Liberties and Detention (JLD).
The length of pre-trial detention shall not be not the same for one offense and for one crime.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Offense
Initial Duration
The initial duration of detention is 4 months.
It is six months for terrorism offenses.
Duration in case of extension
Before the end of the period of detention, the measure may be extended at the request of the investigating judge.
To obtain an extension of pretrial detention, the investigative judge must refer the case to the JLD.
One adversarial debate is then organized before the JLD in the presence of the accused and his lawyer. The detained person must be notified at the latest 5 days before the adversarial debate.
At the end of this hearing, the JLD issues a ordinance prolonging or terminating pretrial detention.
FYI
The inmate may call the JLD order extending pre-trial detention. The appeal must be filed within 10 days that follow the notification of the decision.
Detention can be extended 2 times for a duration 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 shall be punishable by a term of imprisonment of not more than 5 years.
By way of exception, for terrorism offenses, detention may be extended twice for a period of 6 months.
Maximum duration (after extensions)
The total duration of pre-trial detention is maximum 1 year.
By way of exception, the maximum duration is 2 years in the following cases:
- An event constituting the offense was committed outside France (for example, if a trafficker bought his goods abroad)
- In the case of drug trafficking, criminal association, procuring, extortion or organized crime and if the offense is punishable by 10 years' imprisonment
- For terrorism offenses
The Investigative Chamber of the Court of Appeal 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.
Please note
The total length of pre-trial detention is 3 years for the offense of association of criminals of a terrorist nature.
Crime
The initial duration of remand in custody is 1 year.
Before the end of this period, pre-trial detention may be extended for a period of 6 months.
To obtain an extension of pretrial detention, the investigative judge must refer the case to the JLD.
One adversarial debate is then organized before the JLD in the presence of the accused and his lawyer. The detained person must be notified at the latest 5 days before the adversarial debate.
At the end of this hearing, the JLD issues a ordinance prolonging or terminating pretrial detention.
The inmate may call the JLD order extending pre-trial detention. The appeal must be filed within 10 days that follow the notification of the decision.
Detention may be extended several times.
The maximum duration (initial + extensions) of pretrial detention depends on the crimes indictment for which the person is
Crime punishable by less than 20 years in prison
The total duration of detention is maximum 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, some of them took place abroad).
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Multiple Crimes
The total duration of detention is maximum 4 years indictment whether the person is being killed for several serious crimes, such as multiple murders or rapes.
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Drug trafficking
The total duration of detention is maximum 4 years.
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Terrorism
The total duration of detention is maximum 4 years.
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Pimping
The total duration of detention is maximum 4 years.
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Extortion of funds
The total duration of detention is maximum 4 years.
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Organized crime
The total duration of detention is maximum 4 years.
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional 4 months, once or twice.
Other
The total duration of detention is maximum 3 years.
This period is 4 years when one of the acts constituting the offense was committed outside France (for example, if in a murder case some of the violence was committed abroad).
Please note
the chamber of investigation of the court of appeal may exceptionally extend pre-trial detention for an additional four months, once or twice.
Indictment The person in pretrial detention has rights such as receiving the family visit, or match, of make a telephone call ...
Some rights may be limited by the judge of instruction.
For example, he may prohibit the inmate from certain outside visits or oppose the inmate's written or telephone communication with certain outside persons.
The detained person must be released if his detention has not been renewed before end of period of detention ordered.
Before the end the period of detention and at any timeindictment , the person may apply for his release. The investigative judge may also order the release of the detainee without a request.
If the case is referred back by the criminal court, the person in pretrial detention may request his release at any time. For example, if the accused is hospitalized and cannot attend the trial.
FYI
the detainee or his lawyer may request a temporary escorted temporary absence for exceptional reasons (e.g. death of a relative). If the investigating judge refuses, the detainee may appeal to the investigating chamber.
Demand
The request is made by a form to be filled in at the registry of the penitentiary establishment.
The inmate may also instruct his lawyer to make the request release.
Decision
The investigative judge must first communicate the case to the public prosecutor.
The prosecutor has to take requisitions, i.e. to give a written opinion on the possible release.
The investigative judge must make a decision within 5 days who follow the communication of the file to the public prosecutor.
The judge may make a ordinance release. In this case, the Judge of Liberties and Detention (JLD) is not seized.
If not, if he does not wish to not release detainee, the examining magistrate must give a order to seize the JLD.
The JLD must tell if he release the detainee or not within 3 months working days. There's no no audience. The JLD makes its decision by studying the file submitted by the investigating judge.
FYI
if the JLD does not issue its decision within 3 days, the detainee is allowed to request his release at the chamber of investigation of the Court of Appeal. It must be entered by request. The pretrial chamber, which is usually responsible for examining appeals, then decides the release request instead of the JLD.
Detainee must be released if conditions for pre-trial detention are no longer met. For example, if all the suspects have been heard and there is no longer any risk of consultation between them.
The detainee should also be released if pre-trial detention exceeds a reasonable time.
Upon his release, the inmate may be subjected to a judicial review or to one house arrest with electronic monitoring.
Appeals
The inmate may make call of the order of the JLD rejecting a request for release.
The appeal must be filed within 10 days that follow the notification of the decision.
To appeal, the inmate must use the appeal form available from the prison registry.
He can also instruct his lawyer to file an appeal.
The appeal shall be considered by the chamber of investigation of the Court of Appeal.
Immediate appearance
Immediate appearance is a procedure that allows a person to be tried immediately after his or her sentence police custody.
At the end of police custody, the public prosecutor may decide to bring a person to trial on immediate appearance.
If the immediate appearance cannot take place on the same day, the accused person may be pre-trial detention pending trial.
The pretrial detention may be ordinate only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:
- 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
Judge of Liberties and Detention
Pre-trial detention is requested by the Public Prosecutor. He must seize the liberty and detention judge (JLD).
The JLD decides on remand in custody after having heard any observations of the person complained against or his lawyer.
FYI
if the immediate hearing begins but the case cannot finally be heard, the correctional court may decide to place the defendant in pretrial detention. The court does not need to refer the case to the JLD.
Decision
The JLD makes a ordinance who is notified to the person complained against.
This order may provide for remand in custody.
If the judge refuses on detention, he may issue a detention order placement under judicial review or an order of electronic wristband placement.
He's can't do call the order for remand in custody.
The person is detained until trial. The trial must take place within 3 working days that follow the judge's decision.
FYI
if the person is not remanded in custody, the trial must take place within 10 days to 6 months.
Detained person must be released if his trial did not take place within 3 working days who follow the remand in custody.
Delayed appearance
A deferred appearance is a procedure that allows public prosecutor to bring a person to trial within two months of the end of his police custody.
The deferred appearance is used when certain results of the investigation or expert opinions are missing at the end of police custody.
The person complained of may be remanded in custody pending trial.
Pre-trial detention is possible if the offense who is charged with an offense shall be punished by imprisonment for three years or more.
The pretrial detention may be ordinate only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:
- 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
Judge of Liberties and Detention
Pre-trial detention is requested by the Public Prosecutor. He must seize the liberty and detention judge (JLD).
The JLD decides on remand in custody after having heard any observations of the person complained against or his lawyer.
Decision
The JLD makes a ordinance who is notified to the person complained against.
This order may provide for remand in custody.
If the judge refuses on detention, he may issue a detention order placement under judicial review or an order of electronic wristband placement.
Appeals
The person detained can do call of the order made within ten days.
The appeal may be made immediately after the hearing by a statement to the graft of the JLD.
Once the person is detained, the appeal must be made by means of a declaration of appeal form filed with the Registry of the penitentiary institution.
The detainee may also instruct his lawyer to appeal.
The appeal is heard by the investigating chamber of the court of appeal.
The person is detained until his trial.
The trial must take place at the latest within 2 months after the judge's decision.
Pre-trial detainee must be released if the trial did not take place within 2 months who follow his detention.
"Plead guilty" (CRPC)
A Pre-Conviction Hearing (PCRC), also known as a "guilty plea", is a procedure that allows for the to try the perpetrator of an offense which admits guilt.
During a CRPC, the person complained of may request a 10-day reflection period before accepting or refusing sentence proposed by the Public Prosecutor.
In this case, if the proposed sentence is greater than or equal to 2 months in prison, pre-trial detention may be requested by the public prosecutor.
The pretrial detention may be ordinate only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:
- 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
Judge of Liberties and Detention
Pre-trial detention is requested by the Public Prosecutor. He must seize the liberty and detention judge (JLD).
The JLD decides on remand in custody after having heard any observations of the person complained against or his lawyer.
Decision
The JLD makes a ordinance who is notified to the person complained against.
This order may provide for remand in custody.
If the judge refuses on detention, he may issue a detention order placement under judicial review or an order of electronic wristband placement.
He's can't do call the order for remand in custody.
The person complained of remain in detention until the new hearing before the public prosecutor.
This hearing must take place between 10 and 20 days after pre-trial detention.
Pre-trial detainee must be released if the trial did not take place within 20 days of the detention.
Who can help me?
Find who can answer your questions in your region
For information
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
For information
House of Justice and the LawTo get assistance
Lawyer
Pre-trial detention during a criminal investigation (articles 137 to 137-4 and 143-1 to 148-8)
Pre-trial detention on immediate / delayed appearance
Pre-trial detention on guilty plea
FAQ
Service-Public.fr
Service-Public.fr
Service-Public.fr
Service-Public.fr
Service-Public.fr
Service-Public.fr