Conduct of a case before the correctional court

Verified 05 April 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

The correctional court has jurisdiction to try a person suspected of having committed an offense offense. It can be grasped in several ways. The defendant must be present or represented by a lawyer. The victim may be present and/or represented by a lawyer. The court shall make a decision appropriate to the seriousness of the offense, the personality of the convicted person, his resources and the harm suffered by the victim. The decision may be challenged by call or opposition.

The Correctional Court shall be seised by the Public Prosecutor.

Sometimes it is referred to it by the investigating judge at the end of a judicial inquiry.

The victim may also bring an action before the correctional court by a direct quotation.

The parties (defendant and victim) may appear voluntarily before the correctional court.

The Public Prosecutor shall summon the accused to appear at the hearing by the following means:

Please note

if the matter is referred to the correctional court by a preliminary conviction hearing (PRCA), a specific procedure applies.

The victim is informed of the date of the court hearing by mail.

This letter indicates to him that it may be constituted civil party.

If a property has been forfeited, the public prosecutor's office notify, by all means, the owner of the property of the date of the hearing.

This notice shall be sent at least 10 days before the date of application for repayment.

The court competent to try an offense shall be determined on the basis of one of the following criteria:

  • Place where the offense was committed
  • Residence of the accused
  • Place of arrest or detention

Consultation and copy of the file

Lawyers for both the defendant and the victim can view the case file in court.

This consultation can take place as soon as the accused is summoned to appear or within 2 months after the notification summoning him by the public prosecutor.

The parties or their lawyers may be issued a copy of the documents in the file (in paper or digitized form).

Delivery shall take place within one month of the request.

The first copy shall be issued for free.

Request for investigative acts

Before the trial, the parties or their lawyers may request the performance of investigative acts which they consider useful in the search for the truth.

For example, the defendant of a hit-and-run may request the exploitation of his telephone data to show that he was not at the place of the crime at the time it was committed.

This request must be sent to the Registry of the Correctional Court before the hearing, by registered letter with acknowledgement of receipt.

It may also be given to the Registry against the issue of a receipt.

The President of the Court of First Instance shall rule on the application after having sought the opinion of prosecutor.

He may order such acts to be carried out if they are justified and practicable before the date of the hearing.

In this case, the new elements shall be attached to the file and made available to the parties or their lawyers.

If the accused or victim needs to be heard again by the police or gendarmerie, they have the right to be assisted by their lawyer.

The lawyer shall then be summoned no later than 5 working days before the hearing. He shall have access to the file no later than 4 working days before that date.

Please note

in the event of a summons or summons by the Public Prosecutor,the parties or their lawyers may request an act of inquiry. It must be in writing addressed to the court. It may be tabled at any time during debates.

Steps of the victim

When the public prosecutor prosecute an offense, the victim is informed of the date of the trial by a notice of hearing.

The victim does not have to be represented by a lawyer.

The victim may form civil party to request the compensation for damage caused.

This request is made in writing at the time of the complaint and until the hearing.

The civil party may also make an application during the hearing, before the public prosecutor's office make his requisitions.

This compensation is made by ordering the defendant to pay damages.

If it does not have the resources to pay the lawyer and/or experts, it may request to benefit from legal aid.

Grouping of several cases at the same hearing

In case of immediate appearance or delayed or summons by means of minutesThe prosecutor may decide to join the case in other cases where the accused is already being prosecuted.

This decision is made so that the cases can be heard at the same hearing.

Joined cases must concern offenses.

The accused must have already been subject to one of the following measures:

  • Summons by minutes or by judicial police officer
  • Criminal Ordinance
  • Order of Reference of the investigating judge

The public prosecutor must make this decision at least 10 days before the date of the hearing, except in the case of an immediate appearance.

He must inform the accused and his lawyer as soon as possible.

He must indicate the completion of these formalities in the minutes of the meeting.

Otherwise, the procedure can be canceled on this ground.

Composition of the court

The hearing is conducted by a single judge (single judge hearing) for the simplest cases. This is the case, for example, with road traffic offenses, illegal weapons, theft or minor violence.

In more complex cases, the case is decided by 3 judges: 1 president and 2 assessors (collegiate hearing).

The public prosecutor's office is represented by the public prosecutor.

A Registrar is also present at the hearing. He is responsible for ensuring that the proceedings and the hearing are fair.

Appearance of the accused

The accused may be present in court and be assisted by a lawyer.

He may be absent and be represented by a lawyer. He must then send a letter to the court indicating this.

But if the court feels it should come to the hearing, it can reschedule the case.

In cases of force majeure (illness, travel for work, etc.), the accused may request that the hearing be postponed to another date. The request shall be made in writing with supporting documentation. The decision on whether or not to refer the case shall be taken on the day of the hearing.

If the accused does not know a lawyer, he can ask the bastler the appointment of a lawyer. In this case, we're talking about lawyers official clerk.

If he does not have the resources to pay the lawyer, he may apply for legal aid.

Warning  

a public defender is not always free of charge. He must be paid by the person he is defending, based on his income.

If the defendant is absent and not represented by a lawyer, the court may decide to try the case in his absence.

If the penalty is more than 2 years in prison, the court may issue a arrest warrant or to bring against the absent defendant, even if his lawyer is present.

FYI  

the defendant may appear at liberty, under judicial review or prisoner for this case or another case.

Debates

The hearing shall be open to the public, unless the court decides otherwise.

When debates take place without the public present, we are talking about a hearing in camera.

For example, a victim of sexual assault may request to go in camera. A witness may be ordered to be heard if his testimony may endanger him or his relatives.

The hearing can take place over several days.

The presiding judge shall act as police officer for the hearing. He can kick out a person who is disrupting the proceedings. It may prohibit minors or some of them from entering the room if the debates might shock them.

The presiding judge shall conduct the proceedings.

He shall ascertain the identity of the accused and inform him of the following rights:

  • Right to remain silent
  • Right to make spontaneous statements or to answer questions put to him
  • Right to be assisted by an interpreter if the accused does not speak or understand French
  • Right to be assisted by a sign language interpreter if the defendant is deaf

The President of the Court shall first give the floor to the accused.

The witnesses and experts may be heard.

The victim or his lawyer shall then be heard.

Before requisitions from the public prosecutor's office, the victim can still to be a civil party to seek compensation for his loss.

The floor is then given to the prosecutor for his requisitions, to the defendant or his lawyer.

The civil party (or his lawyer) and the prosecutor can respond to the defendant.

The defendant (or his lawyer) always has the floor last.

Please note

the debates may be recorded by sound or audio-visual media for reasons of public interest, educational, informational, cultural or scientific. The authorization is given by the first president of the Court of Appeal.

Additional information

If other acts are necessary, the court, of its own motion or at the request of a party, may order an investigation, which is referred to as additional information.

The investigation may consist of a request for expertise.

The trial is then postponed to another date.

Request for the return of sealed goods

An application for the return of sealed property may be made at the hearing.

It may be done orally or by registered letter with acknowledgement of receipt received at least 24 hours before the hearing.

FYI  

the request for restitution shall be rejected if the seized objects are dangerous, harmful or if their detention is unlawful.

The correctional court may issue its decision on the day of the hearing.

It may also issue it on another date specified by the President of the Tribunal. The judgment is then taken under advisement.

The court shall deliver the decision in open court.

The court may order the revocation of convictions with reprieve. In this case, the person will have to carry out the previous convictions.

The court shall decide on the applications of the civil party or refer the case to a hearing on civil interests. which is held by a single judge.

This reference allows the civil party to compile his file (for example medical certificate, invoices, specifications of repairs to his car...).

Criminal sanctions

If the person is convicted, the court may impose the following penalties:

The correctional court may issue a deposit warrant.

In case of immediate appearance, the court may also issue a warrant of deposit. The sentenced person goes directly to prison under the escort of the police and gendarmes present in the courtroom.

Prison sentences can be fitted out, if the convicted person does not call.

Sentencing is an alternative to imprisonment.

This adjustment depends on the personality of the sentenced person (criminal record), his family, medical and financial situation. It also depends on her professional situation (if she works, is in internship or training...).

Less than 6 months

Where the sentence imposed, with or without a detention order, is less than or equal to 6 months, it must be adjusted by the sentencing judge (JAP).

He can order house arrest under electronic surveillance, day parole or work release.

If the convicted person's personality or situation does not allow it, the prison sentence will be carried out.

Less than 1 year

The situation varies depending on whether or not a warrant of deposit has been issued by the court.

Without a warrant of deposit

The court itself adjusts the sentence

The convicted person remains free at the end of the trial.

The court may directly make the following adjustments to the sentence:

  • Day parole (splitting time between prison and a free life)
  • Outdoor placement (the person performs activities on the loose but under the control of the prison administration such as work in green spaces)
  • Wearing a electronic bracelet (the person must be at home at set times)
  • Splitting of the prison sentence (to be carried out in several installments)
  • Suspension of sentence, for example for medical reasons (the person will not go to prison immediately because he or she has to undergo surgery)
  • Converting a reprieve with an obligation to carry out work of general interest in fine days (or vice versa)
  • Adjournment of sentence (the court may postpone its decision on the sentence to obtain more information on the situation and personality of the convicted person)

The convicted person will be summoned later by the Enforcement Judge (JAP) to set out the details of the court's sentencing scheme.

For example, they can take training, compensate the civil party, take care of their addiction to alcohol or drugs.

The court did not adjust the sentence

The convicted person remains free. She will be summoned within 30 to 45 days before the JAP, and then before the Prison Service of Insertion and Probation (SPIP) to change the sentence set by the court.

The sentencing judge may replace the prison sentence with one of the following alternatives:

  • General interest work (TIG) or fine days (fine varies depending on the sentence imposed), but only if the sentence is less than 6 months
  • Day parole (splitting time between prison and outside)
  • Outdoor placement (the person performs activities on the loose but under the control of the prison administration such as work in green spaces)
  • Wearing a electronic bracelet (the person must be at home at set times)
  • Splitting of the prison sentence (to be carried out in several installments)
  • Suspension of sentence
  • Parole
  • Conversion of reprieve with obligation to perform a TIG in fine days (or vice versa)

The court may convict the person, but postpone its decision on the sentence in order to obtain more information on the convicted person's situation and personality.

With warrant of deposit

The sentenced person goes directly to prison and can bring the case before the judge of the application of sentences (JAP) as soon as he arrives in prison.

Who shall I contact

The judge may replace the prison sentence, depending on the time remaining, with one of the following measures:

  • General interest work (TIG) or fine days (fine varies depending on the sentence imposed) but only if the sentence is less than 6 months
  • Day parole (splitting time between prison and a free life),
  • Outdoor placement (the person performs activities on the loose but under the control of the prison administration such as work in green spaces)
  • Wearing a electronic bracelet (the person must be at home at set times)
  • Splitting of the prison sentence (to be carried out in several installments)
  • Suspension of sentence
  • Parole
  • Conversion of reprieve with obligation to perform a TIG in fine days (or vice versa)

The court may convict the person, but postpone its decision on the sentence in order to obtain more information on the convicted person's situation and personality.

Over 1 year

The situation varies depending on whether or not a warrant of deposit has been issued.

Without a warrant of deposit

The person is free to leave the court.

The prosecutor could enforce the prison sentence later.

The court cannot directly adjust the sentence.

The convicted person must serve the sentence set by the court.

The sentencing judge (JAP) will be able to adjust the sentence once the convicted person has completed part of his sentence and if he has behaved well in prison.

He will then be able to apply for parole, that is, a release before his scheduled release date.

The court may say that the person is indeed guilty of the acts committed but defer its decision on the sentence to have more information on the situation and the personality of the convicted person. It's about postponement of sentence.

With warrant of deposit

The person goes directly to prison.

The court cannot directly adjust the sentence.

The convicted person must serve the sentence set by the court. The sentencing judge (JAP) will be able to adjust the sentence once the convicted person has completed part of his sentence and if he has behaved well in prison.

He will then be able to apply for parole, that is, a release before his scheduled release date.

The court may say that the person is indeed guilty of the acts committed but defer its decision on the sentence to have more information on the situation and the personality of the convicted person. It's about postponement of sentence.

Failure to comply with the sentence imposed results in imprisonment by the court.

The court may also find the accused guilty but, depending on the circumstances, dispense with the sentence.

He does not then hand down a prison sentence or a fine.

But he can order him to pay damages to the civil party.

The decision admitting guilt is recorded in the criminal record.

Compensation for damage suffered by the civil party

The court shall fix the amount of damages that the convicted person must pay to the civil party.

Damages are not a penalty, but compensation for the damage.

The judgment is a enforceable title and allows the victim to have recourse to enforcement procedures if the convicted party does not pay voluntarily.

The civil party may bring the matter before the Court Civi or the Sarvi in case of difficulty in collecting damages.

The Judicial Court may be seized by the victim who has not been able to form civil party in criminal proceedings (e.g. in cases of incapacity due to hospitalization, illness, etc.).

It may seek damages for its loss.

Consequences of a criminal conviction

Criminal convictions shall be entered on the criminal record.

The convicted person may request that the conviction not be recorded in his criminal record.

This request may be made in writing filed in court before the hearing or during the trial hearing.

Once the decision has been rendered, the sentenced person may apply to the public prosecutor the erasure of his criminal record.

She has to explain the reasons why the registration of her sentence causes her problems (for example to practice her profession, to pass administrative competitions...).

The decisions of the correctional court are subject to appeal.

The convicted person may contest his sentence and the amount of the damages.

The public prosecutor may appeal against the criminal conviction.

The civil party can only appeal the decision on damages.

Call

The convicted person may appeal if he or she appeared in person, was represented or was absent but was aware of his or her summons.

The civil party may also appeal, but only in respect of its compensation.

FYI  

the public prosecutor, on attorney general The Court of Appeal and public administrations (e.g. customs) may also appeal.

The call shall be made by declaration to the graft of the court that issued the decision.

If the parties were present or represented (adversarial judgment), the call must be done within 10-day period from the date of delivery of the decision.

If the parties were neither present nor represented by counsel (conflicting judgment to serve), the 10-day period shall start from significance or the notification of the decision.

FYI  

where one of the parties appeals within the 10-day period (main call), the other parties shall benefit from additional time of 5 days to make a cross-call.

In this case, the case shall be retried by the court of appeal.

Opposition

Where the accused has not been informed of the date of the hearing (incorrect address of summons, relocation...) and is not represented by a lawyer, the court shall issue a default judgment.

He is signified to the convicted person.

If she challenges the decision, she must form opposition.

The first decision shall be annulled in its criminal and civil provisions.

The Opposition allows the correctional court to retry the case.

Opposition shall be made by any means (e.g. by declaration at the court registry, by registered letter with acknowledgement of receipt, etc.).

The time limit for lodging an objection shall be 10 days from the date of the decision.

Who shall I contact

When a person objects to a judgment default, a new hearing date shall be communicated to him.

If he does not appear or is not represented by a lawyer, the judgment rendered shall be qualified iterative fault. In that case, there is no longer any recourse. The judgment pronounced shall apply.

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