Pre-trial detention - "Plead guilty" (CRPC)

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

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A Pre-Conviction Hearing (PCRC), also known as a "guilty plea", is a procedure that allows for the to try the perpetrator of an offense which admits guilt.

During a CRPC, the person complained of may request a 10-day reflection period before accepting or refusing sentence proposed by the Public Prosecutor.

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

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.

Judge of Liberties and Detention

Pre-trial detention is requested by the Public Prosecutor. He must seize the liberty and detention judge (JLD).

The JLD decides on remand in custody after having heard any observations of the person complained against or his lawyer.

Decision

The JLD makes a ordinance who is notified to the person complained against.

This order may provide for remand in custody.

If the judge refuses on detention, he may issue a detention order placement under judicial review or an order of electronic wristband placement.

He's can't do call the order for remand in custody.

The person complained of remain in detention until the new hearing before the public prosecutor.

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

Pre-trial detainee must be released if the trial did not take place within 20 days of the detention.

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