Conduct of a case before the correctional court

Summons of the accused

The defendant shall be called to the hearing by citation to appear issued by a commissioner of justice.

The summons can also be notified by one judicial police officer or a forensic police officer. She is notified by the head of the penitentiary establishment if the accused is incarcerated (in pre-trial detention or in execution of another conviction).

In certain procedures (CPPV, delayed appearance), the accused is summoned verbally. One minutes of the meeting shall be drawn up, a copy of which shall be given to him.

The summons or summons must be delivered to the accused at least 20 days prior to the date of the hearing.

The summons informs the defendant of his right to be assisted or represented by a lawyer chosen or court clerk.

When a defendant is under guardianship or curatorship, the guardian or trustee must be informed as well as the guardianship judge.

Victim notification and civil action

The victim receives a notice of hearing who shall inform 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 speedy procedure (summons by minutes (CPPV), Immediate appearance (IC), appearance at a later date).

The notice of hearing informs the victim that he or she may become a civil party to request damages and interest as compensation for his damage.

She is informed of her right to be assisted or represented by a lawyer chosen or court clerk.

The constitution of civil party is done by declaration to the registry of the court before the hearing.

The victim may also bring a civil action in writing until the day before the hearing. A written civil party must be filed with the court at least 24 hours before the hearing.

Other summonses and notices of hearing

If a witness must be heard at the trial, it shall be convened by citation.

If a penalty for confiscation of property (car, computer...) is incurred and that the owner is identified, a notice of hearing shall be sent to him by any means at least 10 days before the hearing. The notice informs him that he may make representations at the hearing and request the restitution of the property. He may be represented or assisted by a lawyer.

In case of customs offense, the public prosecutor shall address a notice of hearing to customs administration.

In case of bodily harm covered by the health insurance, the victim civil party must notify your primary health insurance fund.

Where the damage suffered is covered by an insurance contract, notice to insurers is made by any party that has an interest in it at least 10 days before the hearing. This notice shall be delivered by a commissioner of justice or sent by registered letter with acknowledgement of receipt.

Viewing and copying the file

The defendant's and the victim's lawyers may view folder in court in the 2 months which follow the summons or summons.

The defendant, the plaintiff or their lawyers shall be entitled to copy of folder. The court has 1 month from the request to issue the copy. The first copy is free of charge. If the file is scanned, the copy is delivered in digital format.

Requests for investigative acts

Before the trial, the parties or their lawyers may request the carrying out 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 use of his telephone data to show that he was not at the place of the offense at the time it was committed.

This request must be addressed to the Registry of the Criminal Court before the hearing, by registered letter with acknowledgement of receipt. It may also be surrender to the registry against the issuance of a receipt.

The President of the Tribunal shall rule on the application after seeking the opinion of the prosecutor.

Composition of the court

Simple cases are judged by one judge. This is the case for offenses punishable by a imprisonment for up to 5 years, such as theft, illegal carrying of weapons, traffic offenses, minor violence. They say the hearing is single judge.

Complex cases (with a prison sentence of up to 10 years) are tried by 3 judges : 1 chair and 2 assessors. They say the hearing is collegiate.

The public prosecutor is represented by the public prosecutor. He defends the interests of the business.

A Clerk is also present at the hearing. He shall ensure the regularity of the proceedings and of the hearing.

Access to the courtroom

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

A court bailiff, also called bailiff, allows access to the courtroom. It checks the presence of those summoned and welcomes the public.

Sometimes the public is not allowed to enter the courtroom. It is said that the case is being tried in camera.

Appearance of the accused

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

If the accused does not attend the hearing, he or she may be forcibly brought before the court by the police.

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

Appearance of the victim or the plaintiff

The rules of appearance depend on how the victim has filed a civil suit. The victim who has not filed a civil suit can still do so by appearing at the hearing.

Conduct of the debates

The presiding judge shall conduct the proceedings and ensure that the hearing is conducted properly.

For example, he may expel a person who disturbs the proceedings, including the defendant. It may also prohibit minors or some of them from entering the room if the debates are likely to shock them.

The clerk takes notes of the proceedings: persons present, documents delivered, civil party, incident of hearing..... He must record the defendant's responses, the victim's statements, the witnesses and experts as well as the requests of the civil party.

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

A trial can take place over several days of hearings if there are many defendants or victims or multiple offenses.

Invitation of the accused to the stand

The presiding judge calls the accused and invites him to appear at the bar.

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

• Right to be silent
• Right to make spontaneous statements or to answer questions
• 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 accused is deaf.

Instruction of the file

For the examination of the facts, the presiding officer shall recognize the parties and other interveners in a specific order.

The defendant speaks first. The president asked him about the allegations against him and about his personal situation.

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

Finally, the court hears victim impact statements. If the victim has not filed a civil suit before the hearing, he or she may do so at that time. If the plaintiff victim has a lawyer, he is given the floor for his pleading.

End of the debates

After examining the case, the president gives the floor to the public prosecutor. The prosecutor stands up to give his opinion on the case. They say he's taking his requisitions.

In his oral submissions, the prosecutor asks the court to find the defendant guilty and specifies the sentence he is seeking against him. The prosecutor may also request the relaxed of the accused if he considers that his guilt is not sufficiently demonstrated.

After the prosecutor's requests, the defendant takes the floor again. If the defendant has a lawyer, he is given the floor for his pleading.

The victim and the prosecutor may answer the defendant. In this case, the presiding judge must give the accused the floor again.

The defendant always has the floor last and after his last speech, the president declared that the debate had ended.

Deliberate

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

Ec time of deliberate takes place in secret. If the hearing is collegial, the presiding judge and his or her assessors go into a deliberation room to discuss the matter. He is forbidden to enter the deliberation room while the court deliberates.

The hearing shall be suspended during the period of deliberation.

After deliberating, the tribunal makes its decision public at the hearing.

The decision is rendered on the same day. If the court needs time to prepare its decision, it can be rendered on another date which is communicated orally to all parties.

Complementary survey

Before deciding the case, the correctional court must respond to requests for additional acts that remained unanswered 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 ex officio.

The additional information is decided in a judgment that does not rule on the guilt of the accused or on the claims of the victim as a civil party.

The trial is then postponed to another date.

Criminal decision

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

If he considers that the defendant is not guilty, he shall pronounce the relaxed.

If he considers that the defendant did indeed commit the alleged acts, he declares so guilty and specifies the penalties to be executed.

Criminal convictions are recorded on the criminal record of the convict.

Main and supplementary penalties

The correctional court sets the main sentence which the convicted person must perform. These include the following penalties:

• Imprisonment, community service or probationary period
• And/or penalty offine.

Prison sentences 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 principal penalty.

Adjournment and waiver of sentence

The court may find the accused guilty and postpone sentencing. That's what we call the postponement of sentence. The adjournment period will allow the guilty party to regularize his situation and repair the damage caused.

The sentence imposed after an adjournment will take into account the conduct of the offender during that period. He can then expect a lighter sentence. The court may even, under certain conditions, decide on a waiver of sentence.

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

Civil decision

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

The court will fix the amount of damages and interest that the guilty party must pay the civil party as compensation for his damage.

Sometimes, an expertise is necessary to assess and quantify this prejudice of the civil party. In this case, the court orders the expert report and reschedules the case for a hearing on civil interests.

The reference on civil interest may also be granted to allow the civil party to complete his file (for example medical certificate, invoices, estimate of repairs of his car...).) Such a referral is lawful for the civil party who requests it.

Decision on sealed goods

The court must decide whether the objects placed under sealed as part of the investigation must be returned, confiscated or destroyed.

If the objects under seal are dangerous, harmful or if their detention is unlawful, restitution is prohibited. They must be destroyed.

Call

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

The appeal may relate to part of the decision (criminal conviction, civil interests ...) or the entire decision.

The civil party may appeal the decision but only on civil interests.

The call is made by declaration by moving at graft of the court that made the decision.

If the convicted person is detained, he or she shall lodge a statement of appeal with the head of the prison where he or she is incarcerated.

If the parties were present or represented (contradictory judgment), the call must be done in a10 days from the date of delivery of the decision.

Ec time limit for 10 days begins from the meaning or notification of the decision for the contradictory judgments to be served. That is, decisions for which the parties were regularly summoned but were neither present nor represented by counsel.

The case is reheard by the Correctional Appeals Chamber of the court of appeal.

Opposition

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

He is served to the convicted person.

To challenge the decision, she must form opposition. The first decision is annulled in its criminal and civil provisions.

The civil party may lodge an opposition only on the grounds of civil interests.

The Opposition allows the correctional court to retry the case.

The opposition is made by any means (for example by declaration at the court registry, by registered letter with acknowledgement of receipt...).)

If the person is detained, he may lodge a statement of opposition with the head of the penitentiary institution where he is incarcerated. The declaration shall be transmitted without delay, by any means, to the public prosecutor.

The time limit for lodging an objection is 10 days as from the date of becoming aware of the decision if the sentenced person resides in metropolitan France and1 month if she resides outside that territory.

When the opposition makes a judgment rendered defaultshall be communicated to public prosecutor. The latter must notify the civil party by registered letter with acknowledgement of receipt.

A new trial is planned. The new hearing date shall be communicated to all parties.

In the event of an imprisonment sentence, the court may refer the case to a later date. He has the convicted person searched by the police or gendarmerie either to have him appear at the new trial or to give him formal notice to appear at the hearing.

If the convicted person does not appear or is not represented by a lawyer at the retrial, the judgment is qualified defect iterative.

In that case, there is no recourse. The judgment pronounced applies.

Enforcement of criminal sanctions

The public prosecutor is responsible for enforcing the criminal decisions of the criminal court. It shall proceed to the execution of sentences when the judgment can no longer be challenged.

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

When the judgment is final, the prosecutor shall have the conviction entered in the criminal record.

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

In the event of an imprisonment sentence, the public prosecutor shall transmit to the prison a document permitting the incarceration of the convicted person. This document is called nut extract. The prison is not allowed to receive the convicted person without this document.

In case of community service or a prison sentence that can be converted (or arranged), the prosecutor seizes the sentencing judge for the implementation and monitoring of management measures.

The monitoring of the execution of the sentence is carried out by the Prison Service for Integration and Probation (SPIP).

Compensation of the civil party

The judgment that grants damages and interest is a enforceable title.

It allows the civil party to obtain the forced payment if the convicted person does not pay voluntarily.

The enforcement procedures are the same as those laid down for enforcement of a decision of the civil court.

In the event of difficulties in collecting damages, the civil party may bring the matter before the Crime victims' compensation board, Civi or the Crime victims' compensation recovery assistance service, Sarvi.