THE PROCEDURE FOR APPEARING IN COURT ON A PRELIMINARY ADMISSION OF GUILT (CRPC)

What is the CRPC procedure?

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

I.- What is the CRPC?

Appearance on preliminary recognition of guilt (C.R.P.).This is a procedure that enables the perpetrator of an offence who admits his or her guilt to be brought to trial quickly. It is also known as guilty plea.

It is applied for certain crimes (. An act prohibited by law and punishable by a fine and/or imprisonment of less than 10 years). Certain conditions must be met.

We explain how the CRPC process works.

This procedure takes place in 2 compulsory stages :

-the prosecutor's proposed sentence

-and the probate hearing.

The sentence proposed by the prosecutor may be accepted or refused by the offender.

If the sentence is accepted, the case is then referred to the judge for homologation (. Approval of a deed or agreement by the judge).

If the perpetrator refuses, he or she will receive a new summons to appear in court for trial. criminal court.

The victim of the offence is informed of this procedure. They are notified of the date of the hearing so that they can lodge a civil claim.

The CRPC does not apply to minors.

II - Conditions for the CRPC 

The CRPC procedure makes it possible to try simple cases that are fit for trial, for example where there is no request for an expert opinion or where there are multiple perpetrators.

The defendant must have reached the age of majority at the time of the offence.

It must therefore recognise Otherwise, the procedure before the criminal court will apply.

The CRPC procedure applies to all offences (. Act prohibited by law and punishable by a fine and/or imprisonment for less than 10 years). However, it does not apply to the following offences:

-offences against the person and sexual assaults punishable by a prison sentence of more than 5 years (e.g. violence, sexual assault)

-manslaughter (Causing death by clumsiness, carelessness, inattention, negligence or failure to observe a duty of care or safety imposed by law or regulation).

-Press offences (e.g. insult, defamation)

-and politics.

The Crimes Most serious offence punishable by imprisonment (voluntary manslaughter or rape, for example) and contraventions (the least serious offence, punishable by a fine) cannot therefore be tried under the CRPC.

III - Stages in the CRPC procedure 

Convocation

The defendant is summoned to appear before the public prosecutor. Either by a direct quoteor by a summons issued by the police or gendarmerie.

If the person is in police custody, he or she may also be brought before a court. In other words, they may be taken to court to be presented to the public prosecutor.

How the procedure works

The CRPC takes place in several stages.

The first step is for the public prosecutor to propose a sentence in a meeting with the defendant and his or her lawyer.

The second stage is the homologation hearing before the president of the criminal court.

The defendant must therefore must be assisted by a lawyer at every stage of the process.

IV - Penalties applicable :

The CRPC allows the public prosecutor to propose all the penalties applicable to the offence in question.

The prosecutor may propose a prison sentence and/or a fine.

Imprisonment

The term of imprisonment may not exceed 3 years, nor may it exceed half of the sentence incurred. For example, if the sentence is 4 years, the proposed sentence cannot exceed 2 years.

This penalty may be accompanied by a suspended sentence.

If the prosecutor proposes a custodial sentence, he or she must specify whether it is enforceable immediately.

The judge may propose that the prison sentence be adjusted. The person will then be summoned to appear before the Jap (Sentence Enforcement Judge), who will determine the conditions under which the sentence will be carried out (electronic bracelet, etc.), semi-liberty (A system of detention which allows prisoners to leave prison during the day and return to spend the night, with the aim of promoting their social integration after release.).

Penalty of a fine

The amount of the proposed fine may not exceed the amount of the fine incurred.

This sentence may be suspended. In this case, the offender does not pay the fine.

Please note: The record of criminal conviction given at the hearing specifies how the fine is to be paid.

Additional penalties

In addition to the principal penalty, the public prosecutor may also propose to apply one or more of the additional penalties provided for the offence in question.

These penalties therefore vary according to the nature and seriousness of the offence committed. For example, the withdrawal dhe driving licencea citizenship course.

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