Pretrial detention

Verified 28 July 2026 - Public Service / (Prime Minister), Ministry of Justice

The pre-trial detention is imprisonment of a person who has not yet judged. We present you the information to know.

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Judicial Information

Judicial information is the investigation conducted by a investigating judge in order to prove the existence of offense and to determine the perpetrators.

A person may be remanded in custody when she is indictment in a judicial inquiry for a crime or a offense punishable by imprisonment for 3 years or more.

An indictment person may also be remanded in custody if he or she fails to comply with a judicial review or a house arrest with electronic surveillance.

The judge must indicate in its decision what are the objectives that make pre-trial detention necessary.

The pre-trial detention may be ordered only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:

  • Preserve evidence or clues
  • Prevent pressure on witnesses or their families
  • Prevent pressure on victims or their families
  • Prevent fraudulent consultation between the accused person and his co-perpetrators or accomplices (for example, to prevent them from agreeing on a false version of the facts)
  • Ensure that the accused person remains at the disposal of the courts
  • Terminate the offense or avoid its renewal.

The trouble in public order generated by the case may also justify pretrial detention. This reason is valid only for crimes. The media coverage of the case is not sufficient to justify a breach of public order.

Decision of the investigating judge

Pre-trial detention is decided by the judge of liberties and detention (JLD).

The investigating judge does not take the decision of pre-trial detention.

However, it is he who decides, after questioning the accused, to refer the case to the JLD for pre-trial detention.

He enters the JLD by returning a prescription for the purposes of pre-trial detention.

The JLD then considered the request for pre-trial detention.

Hearing before the judge of liberties and detention

After being questioned by the investigating judge, the indictment person is brought before the JLD for a hearing.

The indictment person must must be assisted by a lawyer.

If the indictment 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 president of the bar.

The JLD's decision on pre-trial detention comes after a adversarial debate.

During this debate, the public prosecutor, the accused and his lawyer shall have the floor in turn.

FYI  

The indictment person has the right to request a period of time to prepare a defense. During this period, the JLD may put the indictment person in prison for a maximum duration of 4 working days. A new hearing must be held before the end of the period.

Decision of the JLD

The JLD makes a prescription. She is notified to the indictment person at the conclusion of the hearing.

In the order, the JLD may order remand in custody. In this case, the indictment person go to jail immediately.

The JLD can also refuse to place the indictment person in pre-trial detention. In this case, instead of detention, the JLD may order a placement under judicial review or a house arrest with electronic surveillance.

Remedies

The indictment person can do call of the order of pre-trial detention.

The call must be made within 10 days which follow the notification of the decision.

The accused may appeal immediately after the hearing by statement to the graft of the JLD.

Once the person is indictment in detention, the call must be made by a declaration of appeal form to be completed with the registry of the penitentiary establishment.

The indictment person may also instruct his or her lawyer to appeal.

The appeal shall be examined by the investigation chamber of the court of appeal.

Pre-trial detention is first pronounced for an initial duration. She may be extended during the judicial investigation by the Judge of Liberties and Detention (JLD).

The duration of pre-trial detention is not the same for one offense and for one crime.

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Misdemeanor

Initial duration

The initial duration of detention is 4 months.

It is 6 months for offenses relating to terrorism and terrorism. drug trafficking.

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 the extension of a pre-trial detention, the investigating 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 5working days before the adversarial debate.

At the end of this hearing, the JLD shall issue a prescription which prolongs or terminates pre-trial detention.

FYI  

The inmate can do call the JLD order extending pre-trial detention. The appeal must be made in the 10 days which follow the notification of the decision.

Detention can be extended 2 times for a 4 months each time.

Pretrial detention may not be extended beyond the first 4 months when the following 2 conditions are met:

  • The indictment person has not previously been sentenced to a criminal sentence or an imprisonment sentence of more than 1 year for an offense
  • The offense for which the person is an indictment shall be punished by imprisonment for a term not exceeding five years.

As an exception, for terrorism and drug trafficking offenses, detention may be extended 3 times for a period of 6 months.

Maximum duration (after extensions)

The total duration of pre-trial detention is of maximum 1 year.

By exception, the maximum duration is 2 years in the following cases

  • An act constituting the offense was committed outside France (for example, if a trafficker bought his goods abroad)
  • In the case of drug trafficking, criminal conspiracy, pimping, extortion of funds or organized crime and if the offense is punishable by 10 years' imprisonment
  • For offenses relating to terrorism or drug trafficking.

FYI  

Exceptionally, the examining chamber of the Court of Appeal may extend the detention once the 2 years have passed. This decision allows for a final extension of pre-trial detention for a period of 4 months. Detention may then last a maximum of 2 years and 4 months. There is no such possibility of extension not for drug trafficking offenses.

As an exception, the total duration 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 shall be 1 year.

Before the end of this period, pre-trial detention can be extended for 6 months.

To obtain the extension of a pre-trial detention, the investigating 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 5working days before the adversarial debate.

At the end of this hearing, the JLD shall issue a prescription which prolongs or terminates pre-trial detention.

The inmate can do call the JLD order extending pre-trial detention. The appeal must be made in the 10 days which follow the notification of the decision.

Detention may be extended several times.

The maximum duration (initial duration + extensions) of pre-trial detention depends on the crimes for which the person is indictment.

Crime punishable by imprisonment for less than 20 years

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, part of it took place abroad).

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

Multiple crimes

The total duration of detention is maximum 4 years if the person is indictment for several serious crimes: multiple murders or rapes for example.

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

Drug trafficking

The total duration of detention is maximum 4 years.

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

Terrorism

The total duration of detention is maximum 4 years.

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

Pimping

The total duration of detention is maximum 4 years.

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

Extortion of funds

The total duration of detention is maximum 4 years.

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

Crime committed in an organized gang

The total duration of detention is maximum 4 years.

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial 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, part of the violence was committed abroad).

Please note

The investigation chamber of the court of appeal may exceptionally extend pretrial detention for an additional 4 months, once or twice.

The indictment person placed in pre-trial detention has rights such as receiving the visit of relatives, or of match, of call ...

Some rights may be limited by the judge of instruction.

For example, it may prohibit the detainee from making certain outside visits or oppose the detainee's written or telephone communication with certain outside persons.

The detained person must be released if his detention has not been renewed before the end of the period of detention pronounced.

Before the end his period of detention and at any time, the detained indictment person may apply for his release. The examining magistrate may also order the release of the detainee without request.

If the case is referred back to the assize court, the person in pre-trial detention may apply for his or her 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 exit authorization for exceptional reasons (e.g. the death of a relative). If the investigating judge refuses, the detainee may lodge an appeal with the investigating chamber.

Request

The request is made by a form to be filled in with the registry of the penitentiary establishment.

The inmate may also instruct his lawyer to make the request of release.

FYI  

The detainee may not apply for release until a previous application has been tried (application for release or challenge of the decision to remand in custody).

Decision

The investigating judge must first communicate the file to the public prosecutor.

Then the prosecutor takes requisitions, that is to say, he gives a written opinion on the possible release.

The the investigating judge must make his decision within 10 days which follow the communication of the file to the public prosecutor.

The judge may make a prescription of release. In this case, the judge of liberties and detention (JLD) is not seized.

Otherwise, if he does not wish not release the inmate, the examining magistrate must issue a order to seize the JLD.

The JLD must say if he release or not the detainee within 5 years working days. There's no no hearing. The JLD makes its decision by examining the file submitted by the investigating judge.

FYI  

If the JLD does not make its decision within 5 days, the detainee is allowed to request his release at the investigation chamber of the court of appeal. It must be entered by query. The investigating chamber, which is usually responsible for examining appeals, then finds itself judging the release request in place of the JLD. It must respect a 30-day deadline for making its decision.

The inmate must be released if conditions for pre-trial detention are no longer met. For example, if there is no longer a risk of dialog between suspects, who have all been heard.

The detainee must 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 surveillance.

Remedies

The inmate may make call of the order of the JLD dismissing an application for release.

The appeal must be made in the 10 days which follow the notification of the decision.

To appeal, the inmate must use the appeal declaration form available from the prison registry.

He can also instruct his lawyer to appeal.

The appeal shall be examined by the investigation chamber of the court of appeal.

Immediate appearance

Immediate appearance is a procedure that allows a person to be tried immediately after his or her custody.

At the end of police custody, the public prosecutor may decide to have a defendant tried immediate appearance.

If the immediate appearance cannot take place on the same day, the accused person may be remand in custody pending trial.

The pre-trial detention may be ordered only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:

  • Preserve evidence or clues
  • Prevent pressure on witnesses or their families
  • Prevent pressure on victims or their families
  • Prevent fraudulent consultation between the accused person and his co-perpetrators or accomplices (for example, to prevent them from agreeing on a false version of the facts)
  • Ensure that the accused person remains at the disposal of the courts
  • Terminate the offense or avoid its renewal.

Judge of Liberties and Detention

Pre-trial detention is requested by the public prosecutor. He must seize the Judge of Liberties and Detention (JLD).

The JLD decides on remand in custody after listening to any representations made by the person complained against or his lawyer.

FYI  

If the hearing for an immediate appearance begins but the case ultimately cannot be tried, the correctional court may decide to place defendant in pre-trial detention. The court does not need to refer the case to the JLD.

Decision

The JLD makes a prescription which is notified to the accused person.

This order may provide for pre-trial detention.

If the judge refuses Detention, he can make an order of placement under judicial review or an order of placement under an electronic bracelet.

He is not not possible to do call the order for remand in custody.

The person is detained until his trial. The trial must take place within 3 working days which follow the decision of the judge.

FYI  

If the person is not remanded in custody, the trial must take place within 10 days to 6 months.

The detained person must be released if his trial did not take place within 3 working days which follow remand in custody.

Appearance at a delayed time

A delayed appearance is a procedure that allows the public prosecutor to have a person tried within 2 months after the end of his or her custody.

The delayed appearance is used when certain results of the investigation or expert opinions are missing at the end of police custody.

The person involved may be remanded in custody pending trial.

Pretrial detention is possible if the offense the accused is punished by a prison term of 3 years or more.

The pre-trial detention may be ordered only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:

  • Preserve evidence or clues
  • Prevent pressure on witnesses or their families
  • Prevent pressure on victims or their families
  • Prevent fraudulent consultation between the accused person and his co-perpetrators or accomplices (for example, to prevent them from agreeing on a false version of the facts)
  • Ensure that the accused person remains at the disposal of the courts
  • Terminate the offense or avoid its renewal.

Judge of Liberties and Detention

Pre-trial detention is requested by the public prosecutor. He must seize the Judge of Liberties and Detention (JLD).

The JLD decides on remand in custody after listening to any representations made by the person complained against or his lawyer.

Decision

The JLD makes a prescription which is notified to the accused person.

This order may provide for pre-trial detention.

If the judge refuses Detention, he can make an order of placement under judicial review or an order of placement under an electronic bracelet.

Remedies

The person detained can do call of the order made within 10 days.

The appeal may be made immediately after the hearing by declaration to the graft JLD.

Once the person is detained, the appeal must be made by a declaration of appeal form completed with the registry of the penitentiary institution.

The detainee may also instruct his lawyer to appeal.

The appeal shall be heard by the Investigative Chamber of the Court of Appeal.

The person is detained until his trial.

The trial must take place within 2 months at the latest after the judge's decision.

The person placed in pre-trial detention must be released if the trial did not take place within 2 months which follow his detention.

"Plead guilty" (CRPC)

Prior Conviction Appearances (PRCAs), also known as « pleading guilty », are a procedure that allows for the try the perpetrator of an offense who admits his guilt.

During a CRPC, the person complained against may request a 10-day cooling-off period before accepting or refusing sentence proposed by the public prosecutor.

In this case, if the proposed sentence is more than or equal to 2 months in prison, pre-trial detention may be requested by the public prosecutor.

The pre-trial detention may be ordered only if a judicial review or the wearing an electronic bracelet are not sufficient to reach one or more of the objectives following:

  • Preserve evidence or clues
  • Prevent pressure on witnesses or their families
  • Prevent pressure on victims or their families
  • Prevent fraudulent consultation between the accused person and his co-perpetrators or accomplices (for example, to prevent them from agreeing on a false version of the facts)
  • Ensure that the accused person remains at the disposal of the courts
  • Terminate the offense or avoid its renewal.

Judge of Liberties and Detention

Pre-trial detention is requested by the public prosecutor. He must seize the Judge of Liberties and Detention (JLD).

The JLD decides on remand in custody after listening to any representations made by the person complained against or his lawyer.

Decision

The JLD makes a prescription which is notified to the accused person.

This order may provide for pre-trial detention.

If the judge refuses Detention, he can make an order of placement under judicial review or an order of placement under an electronic bracelet.

He is not not possible to do call the order for remand in custody.

The person involved remains in custody until the new hearing before the public prosecutor.

This hearing must take place between 10 and 20 days after pre-trial detention.

The person placed in pre-trial detention must be released if the trial did not take place within 20 days of the detention.

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