Pre-trial detention - Judicial inquiry

Verified 03 juillet 2025 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

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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 in a judicial inquiry for a crime or a offense punishable by a prison sentence of 3 years or more.

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
  • Terminate the infringement or 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 Liberties 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

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

The person must must be assisted by a lawyer.

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  

The person right to request time to prepare a defense. During this time, the JLD may 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 JLD

The JLD makes a ordinance. She's notified to the person at the end of the hearing.

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

The JLD can also 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

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.

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.

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.

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Offense

Initial Duration

The initial duration of detention is 4 months.

It is 6 months for terrorism and drug trade.

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 5working 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:

  • The person has not previously been sentenced to a criminal sentence or to a sentence of more than 1 year for an offense
  • 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 and drug 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 maximum 1 year.

By 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 offenses relating to terrorism or drug trafficking.

FYI  

Exceptionally, the Investigative Chamber of the Court of Appeal may extend the detention after 2 years. 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. This possibility of extension does not exist pitch for drug offenses.

By way of exception, the total duration of pretrial 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 5working 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 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 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.

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 time, 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 investigating judge must first communicate the case 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 reach a decision within 10 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 5 days 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. It must respect a 30-day time limit to make its decision.

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

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.

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