WHAT HAPPENS AT THE CRIMINAL COURT TRIAL?

The trial before the Criminal Court

Lawyers in Bastia, Lawyers in Corsica, Lawyers in criminal law

The criminal court has jurisdiction to try a person suspected of having committed an offence (an act prohibited by law and punishable by a fine and/or a prison sentence of less than 10 years).

It can therefore be entered in a number of ways.

Le defendant (Person suspected of having committed a misdemeanour or infraction and prosecuted before the police court or the criminal court) must therefore be present or represented by a lawyer.

The victim may be present and/or be represented by a lawyer. The court makes a decision that takes into account the seriousness of the offence, the personality of the offender, his or her resources and the harm suffered by the victim.

The decision may be contested by :

-. call (Recourse by which a party to a lawsuit requests a new ruling on the case by a higher court) 

-or opposition (A legal remedy, civil or criminal, available to people who have not had a trial brought against them, allowing them to be tried again by the same court).

I.- How are cases referred to the court?

1.

Le criminal court is referred to by the Procureur de la République (Magistrate at the head of the public prosecutor's office). He receives complaints and reports. He conducts investigations, decides on prosecutions and ensures that the law is enforced).

It is sometimes referred to by the examining magistrate at the end of a judicial investigation.

Victims may also take their case directly to the criminal court.

The parties may appear voluntarily before the criminal court.

The public prosecutor shall summon the accused to the hearing by the following means :

-. Summons issued by an officer of the judicial police (police officer or member of the gendarmerie authorised to carry out investigations (placing in police custody) under the direction of the public prosecutor, the supervision of the public prosecutor and the control of the investigating chamber, the police or the gendarmerie).

-. Immediate appearance

-. Delayed appearance

-. Convening by minutes (CPPV)

If the case is referred to the criminal court by way of a plea of guilty (CRPC). In this case, a specific procedure applies.

2.

The victim is informed of the date of the court hearing by post.

This letter tells her that she can bring a civil action (a person who asks the judge responsible for punishing an offence to compensate him for the damage caused to him by that offence).

If an asset has been confiscated, the public prosecutor (a body of magistrates representing the interests of society before the courts) notifies the owner of the asset of the date of the hearing by any means.

This notice is sent out at least 10 days before the refund is due to take place to allow the customer to submit his or her request for a refund.

The court with jurisdiction to try an offence is determined according to one of the following criteria:

-. Place where the offence was committed

-. Residence of the accused

-. Place of arrest or detention

II - Steps and acts prior to the judgment (The trial before the Criminal Court) :

Viewing and copying files

Lawyers for the accused and the victim may consult the file in court.

This consultation can take place as soon as the accused is summoned to appear or within 2 months of the notification (Formality by which an act of procedure or a decision is brought to the attention of a person) of his summons by the public prosecutor.

The parties or their lawyers may request a copy of the documents in the file (in paper or digital form).

It is issued within one month of the request.

The first copy is issued free of charge.

Request for investigation documents

Prior to the trial, the parties or their lawyers may request that any investigative measures they deem useful in the search for the truth be carried out.

For example, a person accused of a hit-and-run offence can ask for his telephone data to be used to show that he was not at the scene of the offence when it was committed.

This request must be sent to the clerk's office of the criminal court before the hearing, by registered letter with acknowledgement of receipt.

It may also be delivered to the court clerk's office against issuance of a receipt.

The president of the court decides on the application after seeking the opinion of the public prosecutor.

He may order these procedures to be carried out if they are justified and feasible before the date of the hearing.

In this case, the new information is attached to the file and made available to the parties or their lawyers.

If the accused or the victim has to be heard again by the police or gendarmerie, they have the right to be assisted by their lawyer.

The lawyer is then summoned no later than 5 working days (corresponding to all days of the week, with the exception of the weekly rest day (generally Sunday) and public holidays not usually worked in the company) before the hearing. He/she will have access to the file no later than 4 working days before this date.

If summoned by the public prosecutor. The parties or their lawyers may request an investigation. The request must be made in writing and sent to the court. It may be submitted at any time during the proceedings.

Steps taken by the victim

When the public prosecutor institutes proceedings for an offence, the victim is informed of the date of the trial by a notice of hearing.

Victims are not obliged to be represented by a lawyer.

Victims can bring a civil action (person who asks the judge responsible for punishing an offence to compensate them for the harm caused by that offence) to claim compensation for their loss.

This request must be made in writing at the time the complaint is lodged and up until the hearing.

The civil party may also make a request during the hearing, before the public prosecutor (body of magistrates representing the interests of society before the courts) makes his or her closing arguments (Refers to the way in which, orally or in writing, the public prosecutor expresses his or her position in criminal proceedings or a criminal trial).

This reparation is made by ordering the defendant to pay damages (a sum of money intended to compensate for the harm suffered).

Combining several cases at the same hearing

In the case of an immediate appearance, an appearance at a later date or a summons to appear, the public prosecutor may decide to join other cases in which the defendant is already being prosecuted to the case in progress.

This decision was taken so that the cases would be examined at the same hearing.

Joint cases must involve offences.

The accused must already have been subject to one of the following measures:

-. Summoning by official report or by a judicial police officer

-. Summons to appear in court on preliminary recognition of guilt

-. Direct quote

-Ordonnance pénale (Simplified criminal procedure, the judge makes a decision without debate).

-. Ordonnance de renvoi (Name given to certain judicial decisions taken by a single magistrate (president of a court, examining magistrate, etc.). For example, an order for referral to the criminal court made by an examining magistrate.

The public prosecutor must take this decision at least 10 days before the date of the hearing, except in the case of an immediate appearance.

He must inform the accused and his lawyer as soon as possible.

He must indicate that these formalities have been completed in the minutes of the meeting.

Otherwise, the procedure may be cancelled on this ground.

III - The Trial (The trial before the Criminal court) :

Composition of the court

The hearing is held by a single judge (single-judge hearing) for the simplest cases. This is the case, for example, for traffic offences, illegal carrying of weapons, theft or minor violence.

In more complex cases, the case is heard by 3 judges: 1 president and 2 assessors (judge who assists the president of a court) (collegiate hearing).

The public prosecutor's office is represented by the public prosecutor.

A court clerk is also present at the hearing. He or she is responsible for ensuring that the proceedings and the hearing are properly conducted.

Appearance of the accused (Trial before the Criminal Court)

The accused may attend court and be assisted by a lawyer.

He may be absent and be represented by a lawyer. He must then send a letter to the court to this effect.

But if the court considers that he should come to the hearing, it can adjourn the case to another date.

In cases of force majeure (illness, business travel, etc.), the defendant may request that the hearing be postponed to another date. The request must be made in writing and supported by documentary evidence. The decision whether or not to postpone the case is taken on the day of the hearing.

If the defendant is absent and not represented by a lawyer, the court may decide to try the case in his absence.

If the penalty is more than 2 years' imprisonment, the court may issue :

-Arrest warrant (Decision by the examining magistrate ordering the police to search for an accused person, arrest him or her and take him or her to a detention centre). 

-Or d'amener (Decision by the examining magistrate ordering the police to bring an accused person before him),

against an absent defendant, even if his lawyer is present.

The accused may appear free, under judicial supervision (a set of obligations imposed on a defendant in criminal proceedings, pending his or her appearance before a court) or detained (imprisonment of a defendant in a criminal case, prior to trial) for this case or for another reason.

Debates (The trial before the Criminal Court)

1.

The hearing is public, unless the court decides otherwise.

When hearings are held without the public being present, they are known as in camera hearings (without the public).

For example, a victim of sexual assault may request that the hearing be held in camera. It may be ordered while a witness is being heard if his or her testimony could endanger the witness or his or her family.

The hearing can therefore take place over several days.

The presiding judge is responsible for policing the hearing. He may expel anyone who disrupts the proceedings. He may also prohibit minors, or certain minors, from entering the courtroom if the proceedings are likely to cause them offence.

2.

The presiding judge conducts the proceedings.

He checks the identity of the defendant and informs him of the following rights:

-. keep quiet

-make spontaneous statements or answer questions put to them

-be assisted by an interpreter if the defendant does not speak or understand French

-be assisted by a sign language interpreter if the defendant is deaf

The president of the court first gives the floor to the defendant.

Witnesses and experts may be heard.

3.

The victim or their lawyer is then heard.

Before the Public Prosecutor's closing arguments (Refers to the way in which, orally or in writing, the Public Prosecutor expresses his position in criminal proceedings or a criminal trial), the victim can still bring a civil action to claim compensation for his loss.

The prosecutor is then given the floor to make his closing remarks, followed by the defendant or his lawyer.

The prosecution (or its lawyer) and the public prosecutor may respond to the defendant.

The defendant (or his lawyer) always has the last word.

Audio or audiovisual recordings of the proceedings may be made in the public interest, for educational, informative, cultural or scientific purposes. Authorisation is given by the first president of the court of appeal.

Additional information

If further action is necessary, the court, on its own initiative or at the request of a party, may order an investigation, which is known as additional information.

The investigation may include a request for an expert opinion.

The trial was then postponed to another date.

Request for the return of goods placed under seal

A request for the return of an item placed under seal may be made at the hearing.

This can be done verbally or by registered letter with acknowledgement of receipt received at least 24 hours before the hearing.

The request for restitution is rejected if the objects seized are dangerous or harmful or if their possession is illegal.

IV - Decision (Trial before the Criminal Court) :

The criminal court can hand down its decision on the day of the hearing.

It may also give judgment on another date specified by the president of the court. The judgment is then reserved.

The court pronounces the decision in open court.

The court may revoke suspended sentences. In this case, the person will have to serve the previous sentences.

The court will either rule on the civil party's claims or refer the case to a hearing on civil interests (damages awarded to the victim who has sued as a civil party), which will be held by a single judge.

This postponement allows the plaintiff to put together a case (for example, a medical certificate, invoices, estimates for car repairs, etc.).

Criminal penalties

If the person is convicted, the court may impose the following penalties:

-. Prison sentence or community service or a citizenship course

-. And/or a fine

-. And/or additional penalties (confiscation of the object used to commit the offence, ban on appearing in a town).

1.

The criminal court can issue a committal order (decision taken by a court to order the head of a prison to take a convicted person into custody).

In the event of an immediate appearance, the court may also issue a committal order. The person convicted at the hearing goes directly to prison under escort of the police and gendarmes present in the courtroom.

2.

Prison sentences may be reduced if the convicted person does not appeal (Appeal whereby a party to a trial requests a new ruling on the case by a higher court).

Sentence adjustment is an alternative measure to imprisonment.

This arrangement depends on the convicted person's personality (criminal record), family, medical and financial situation. It also depends on their professional situation (whether they are working, on work experience or in training).

-. Less than 6 months

-. Less than 1 year

-. More than 1 year

3.

If the prison sentence, with or without a committal order, is less than or equal to 6 months, the sentence must be adjusted by the sentence enforcement judge (JAP).

It may order home detention under electronic surveillance, semi-liberty or work release.

If the convicted person's personality or circumstances do not allow it, the prison sentence will be served.

Failure to comply with the modified sentence will result in imprisonment imposed by the court.

The court may therefore also find the defendant guilty but, depending on the circumstances, dispense with the sentence.

In such cases, the court will not impose a prison sentence or fine.

However, the court may order the offender to pay damages (a sum of money intended to compensate for the loss suffered) to the civil party (a person who asks the court responsible for punishing an offence to compensate him or her for the loss caused by the offence).

The guilty verdict is entered in the criminal record.

V.- Compensation for damages suffered by the plaintiff (Trial before the Criminal Court) :

The court sets the amount of damages that the convicted person must pay to the plaintiff.

Damages are not a penalty, but reparation for loss.

The judgment is a writ of execution (a document enabling the creditor to obtain enforced recovery of his debt) and enables the victim to have recourse to enforcement procedures if the convicted party does not pay voluntarily.

The civil party may refer the matter to the Civi or Sarvi in the event of difficulties in collecting damages.

Victims who were unable to take part in the criminal proceedings (e.g. because they were unable to attend due to hospitalisation or illness) may take their case to court.

She can therefore claim damages to compensate for her loss.

VI - Consequences of a criminal conviction (Trial before the Criminal Court) :

Criminal convictions are recorded in the criminal record.

The convicted person may request that the conviction not be entered on their criminal record.

This request may be made in writing to the court before the hearing or during the hearing.

Once the decision has been handed down, the convicted person can ask the public prosecutor to have their criminal record erased.

They must explain the reasons why registering their conviction poses problems (for example, for practising their profession or taking administrative competitions).

VII - Appeals

The decisions of the criminal court may be appealed.

The convicted person may contest the sentence and the amount of damages.

This means that the public prosecutor can appeal against a criminal conviction.

The civil party may only appeal against the decision on damages.

Call

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

The plaintiff may also appeal, but only in respect of compensation.

The public prosecutor (procureur de la République), the public prosecutor (Magistrat à la tête du parquet (ou ministère public) d'une cour d'appel ou de la Cour de la Cassation) près la cour d'appel and public administrations (e.g. customs) may also appeal.

Appeals are lodged with the registry (a court department staffed by civil servants who assist the judges in their work) of the court that handed down the decision.

If the parties were present or represented (adversarial judgment), the appeal must be lodged within 10 days of delivery of the decision.

If the parties were neither present nor represented by a lawyer (contradictory judgement to be served), the 10-day period starts from service (Act by which a party informs his adversary of a legal act or decision through the intermediary of a judicial officer, formerly a bailiff and judicial auctioneer) or notification (Formality by which a procedural act or decision is brought to the attention of a person) of the decision.

If one of the parties appeals within the 10-day time limit (main appeal), the other parties have a further 5 days in which to lodge a cross-appeal.

In this case, the case is retried by the Court of Appeal.

Opposition

If the accused was unaware of the date of the hearing (due to an incorrect address in the summons or having moved house) and is not represented by a lawyer, the court will hand down a judgement in absentia.

It is served on the convicted person (Act by which a party informs his adversary of a judicial act or decision through the intermediary of a court commissioner).

If it disputes the decision, it must lodge an objection.

The first decision is annulled in its criminal and civil provisions.

Opposition (a civil or criminal legal remedy available to people who have not been informed of a trial against them, which allows them to be tried again by the same court) allows the criminal court to retry the case.

Objections can be made by any means (e.g. by declaration to the court clerk's office, by registered letter with acknowledgement of receipt).

The time limit for lodging an objection is 10 days from the date on which you become aware of the decision.

Where to go (Trial before the Criminal Court) :

The appeal must therefore be lodged with the Court of First Instance.

When a person objects to a default judgment, they are given a new hearing date.

If the defendant does not appear or is not represented by a lawyer, the judgment is deemed to be an iterative default. In this case, there is no further right of appeal. The judgment handed down therefore applies.

Lawyers in Bastia, Lawyers in Corsica, Lawyers in criminal law