Summoning of the accused

The defendant is summoned to the hearing by quotation to appear issued by a Commissioner of Justice.

The summons may also be notified by a judicial police officer or a judicial police officer. She's notified by the head of the penal institution if the accused is incarcerated.

In some procedures (CPPV, deferred appearance) the accused is summoned verbally. Minutes are drawn up and a copy of the notice of meeting.

The summons or summons must be given to the accused at least 10 days before the date of the hearing.

The summons shall inform the accused of its right to be assisted or represented by a lawyer chosen or official clerk.

When an accused is under guardianship or curatorship, his guardian or guardian must be informed.

Notice to victim and formation of civil party

The victim receives a notice of hearing who informs him of the date, time and place of the hearing.

The notice of hearing shall be sent to the victim by post or by any means in the event of a rapid procedure (summons by minutes (CPPV), Immediate appearance (IC), deferred appearance)

The notice of hearing informs the victim that he or she may to bring a civil action to claim damages for his loss. The notice shall inform the victim of its right to be assisted or represented by a lawyer chosen or official clerk.

The constitution of civil parties is made by declaration at the Registry of the court before the hearing.

The victim may also bring a civil action in writing until the day before the hearing. The constitution of a civil party in writing must reach the court at least 24 hours before the hearing.

Other Summonses and Notices of Hearing

If a witness must be heard at the trial, he shall be convened by quotation.

If a pain confiscation order is incurred, a notice of hearing is sent to any person (other than the defendant) who has rights to the property. The notice informs her that she can make her submissions at the hearing and request restitution of the property and that she can be represented or assisted by counsel. The notice of hearing shall be transmitted by at least any means 10 days before the hearing.

In case of customs offence, the public prosecutor shall address a notice of hearing at customs.

In case of damage bodily covered by the sickness insurance, the victim must notify the primary health insurance fund.

Where the loss sustained is covered by an insurance contract, a notice to insurers shall be made by any party having at least an interest in it 10 days before the hearing. This notice is given by a Commissioner of Justice or sent by registered letter with acknowledgement of receipt.

Consultation and copy of the file

Lawyers for the defendant and the victim may view folder in court within 2 months that follow the summons or summons.

The defendant, the civil party or their lawyers are entitled to a copy of file. The court has 1 month from the request to issue the copy. The first copy is free. If the file is scanned, the copy shall be issued in digital format.

Requests 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 addressed to the Registry of the Correctional Court before the hearing, by registered letter with acknowledgement of receipt. It may also be delivery 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.

Composition of the court

The simplest cases are tried by one judge. This is the case, for example, in the case of theft, carrying an illegal weapon, traffic offenses and minor violence. It is said that theThe hearing shall be a single judge.

Complex cases are adjudicated by 3 judges : 1 president and 2 assessors. It is said thatThe audience is collegial.

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

Clerk is also present at the hearing. He shall ensure that the proceedings and the hearing are conducted properly.

Access to the courtroom

The courtroom is open to the public and the list of cases that will be heard is posted at the courtroom entrance.

A hearing officer, also called a hearing officer, allows access to the courtroom. It verifies the presence of the persons summoned and welcomes the public.

Sometimes the public is not allowed into the courtroom. They say the case is being heard in camera.

Appearance of the accused

The defendant who is summoned to the hearing must appear, that is, he must appear before the court to be tried.

If the defendant does not come to the hearing, he or she may be forcibly taken to court by the police.

The court may also decide to try him in his absence.

Appearance of the victim in civil proceedings

The rules for the appearance of the civil party depend on the way in which the victim has formed a civil party.

Conduct of the debates

The President of the Tribunal shall conduct the proceedings and ensure the proper conduct of the hearing.

For example, he may expel a person who disrupts the proceedings, including the accused. It may also prohibit minors or some of them from entering the room if the debates might shock them.

Only one or more cases may be heard in the same hearing.

A single trial can also be organized over several days of hearings.

Invitation of the accused to the stand

The presiding judge calls the defendant and invites him to appear at the stand.

He checks his identity and then he informs him of his rights which are:

• 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.

Folder Instruction

For the purpose of considering the facts, the Hearing Officer shall recognize the parties and other intervenors in a specific order.

The accused speaks first. The president asks him about the charges against him and his personal situation.

Then we hear the possible witnesses and experts called for the hearing.

Finally, the court hears the victim's statements. If the victim has not filed a civil suit before the hearing, they can do so at that time. If the victim in the civil action has a lawyer, he or she is given the floor for his or her pleadings.

End of debate

After consideration of the case, the President gave the floor to the Public Prosecutor. The prosecutor stands up and gives his opinion on the case. It is said that he takes his requisitions.

In his oral pleadings, the prosecutor asks the court to convict the accused and specifies the sentence he seeks against him. The prosecutor may also request the relaxation of the accused if he considers that his guilt is not sufficiently demonstrated.

After the prosecutor's requisition, the defendant speaks again. If the accused has a lawyer, he is given the floor for his pleadings.

The civil party and the prosecutor may respond to the defendant. In this case, the presiding judge must give the floor back to the defendant.

The accused always has the floor last and after his last speech, the debate is over.

Deliberate

After the debates, the court must think about the decision it will make. They say he's deliberating.

This time of deliberate takes place in secrecy. If the hearing is collegial, the Hearing Officer and his or her assessors go into a deliberation room to discuss the matter. He is no entry into the deliberation room while the court deliberates.

The hearing shall be suspended during the time of deliberation.

After deliberating, the court shall pronounce its decision publicly at the hearing.

The decision is rendered same day. It can also be returned on another date if the court needs more time to prepare its decision.

Complement to survey

Before deciding the case, the correctional court must respond to requests for a supplementary investigation act that were not answered on the day of the hearing.

If the correctional court considers that the request for an investigative act is justified, it shall order a additional information.

The court may also order additional information of its own motion.

The additional information is decided in a judgment which does not pronounce on the guilt of the accused or on the requests of the civil party.

The lawsuit is then postponed to another date.

Criminal decision

The court shall make its decision on public action, i.e. it makes decisions on criminal proceedings.

If he considers that the accused is not guilty, he shall pronounce the relax.

If he considers that the accused did commit the alleged acts, he declares it guilty and specifies the penalties to be accomplished.

Criminal convictions shall be entered on the criminal record of the condemned.

Principal and additional penalties

The correctional court shall determine the principal penalty which the convicted person must carry out. These include:

• Imprisonment, work of general interest or probation
• And/or death sentencefine.

Imprisonment and fines may be imposed with reprieve.

The correctional court may revoke the stay of an old sentence if the accused is again found guilty of acts committed during the probation period.

One or more additional penalties may be added to the main penalty.

Adjournment and dispensation of sentence

The court may convict the defendant and postpone sentencing. That's what we call thepostponement of sentence. The delay will allow the offender to regularize his situation and repair the damage caused.

Sentencing after an adjournment will take into account the offender's conduct during that period. He can then hope for a lighter sentence. The court may even, under certain conditions, decide to waiver of sentence.

A waiver of sentence may also be granted in the initial judgment and without a period of adjournment.

Civil decision

If the accused is found guilty, the court must hand down its decision on civil action : it responds to civil party claims.

The court will to fix the amount of damages that the guilty party must pay the victim compensation for his loss.

Sometimes an expert opinion is needed to assess and quantify the victim's harm. In this case, the court shall order the expert's report and reschedules the matter for a hearing on civil interests.

The civil interest reference may also be granted to enable the civil party to complete his file (e.g. medical certificate, invoices, specifications for repairs to his car, etc.). Such a reference shall be lawful for the civil party who so requests.

Decision on Sealed Goods

The court must decide whether the items placed under seal in the course of the investigation must be returned, confiscated or destroyed.

If the sealed objects are dangerous, harmful or if their detention is unlawful, the return is prohibited. They must be destroyed.

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.

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

If the convicted person is in custody, he or she must file an appeal with the head of the penal institution where he or she is incarcerated.

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.

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.

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.

Enforcement of criminal sanctions

The public prosecutor is responsible for enforcing the criminal decisions of the correctional court. It shall carry out theEnforcement of penalties when the judgment can no longer be challenged.

When a defendant is tried in his absence, the prosecutor must first have him serve the judgment. Pending service, the accused shall be entered in the wanted persons file.

When the judgment is final, the prosecutor shall enter the sentence in the criminal record.

It shall transmit to the public treasury the documents necessary for the recovery of fines and penalties fixed procedural rights.

Imprisonment In the event of a sentence being handed down, the public prosecutor shall transmit to the prison a document permitting the incarceration of the convicted person. This document is called the nut extract ”. The prison does not have the right to receive the convicted person without this document.

In the event of community service or of prison sentences which can be adapted (or adapted), the public prosecutor shall refer the case to the sentencing judge for the implementation and monitoring of development measures.

Compensation to the civil party

The judgment awarding damages is a enforceable title.

It allows the victim to get the compulsory payment if the convicted person does not pay voluntarily.

The procedures for enforcement shall be the same as those laid down for enforcementenforcement of a judgment of the civil court.

In the event of difficulties in collecting damages, the victim may seize the Civi or the Sarvi.