Pretrial detention - "Plead guilty" (CRPC)
Verified 28 juillet 2026 - Public Service / (Prime Minister), Ministry of Justice
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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Pre-trial detention during a judicial inquiry (articles 137 to 137-4 and 143-1 to 148-8)
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Pre-trial detention on plea bargain
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