TITLE
PRELIMINARY ARTICLE
I. Criminal Procedure should be fair and adversarial and preserve a balance between the rights of the parties.
It should guarantee a separation between those authorities responsible for prosecuting and those responsible for judging.
Persons who find themselves in a similar situation and prosecuted for the same offences should be judged according to the same rules.
II. The judicial authority ensures that victims are informed and that their rights are respected throughout any criminal process.
III. Every person suspected or prosecuted is presumed innocent as long as his guilt has not been established. Attacks on his presumption of innocence are proscribed, compensated and punished in the circumstances laid down by statute.
He has the right to be informed of charges brought against him and to be legally defended.
The coercive measures to which such a person may be subjected are taken by or under the effective control of judicial authority. They should be strictly limited to the needs of the process, proportionate to the gravity of the offence charged and not such as to infringe human dignity.
The accusation to which such a person is subjected should be brought to final judgment within a reasonable time. Every convicted person has the right to have his conviction examined by a second tribunal.
BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION
TITLE II
INQUIRIES AND IDENTITY CHECKS
CHAPTER I
FLAGRANT FELONIES AND MISDEMEANOURS
Article 63-4
At the start of the custody period, the person may request to talk to an advocate. Where he is not in a position to choose one, or if the advocate chosen cannot be reached, he may request an advocate to be appointed to him officially by the president of the bar.
The president of the bar is informed of such a request forthwith and by any means available.
The advocate chosen may communicate with the person under police custody under conditions which ensure the confidentiality of the conversation. He is informed of the type and believed date of the offence investigated by the judicial police officer or by a judicial police agent under the officer's supervision.
Following the conversation, which may not extend beyond thirty minutes, the advocate, if there is occasion to do so, presents written observations which are attached to the proceedings.
The advocate may not mention this conversation to anyone for the duration of the custody period.
Where the police custody has been extended, the person may also request an interview with an advocate at the start of the extension, subject to the conditions and in the manner prescribed by the previous paragraphs.
If the person is in custody for an offence mentioned in 4°, 6°, 7°, 8° and 15° of article 706-43, the interview may take place only after 48 hours have elapsed. If he is in custody for an offence mentioned in 3° and 11° of the same article, the interview with the advocate may only take place after 72 hours have elapsed. The district prosecutor is informed of the definition of the offences recorded by the investigators at the same time that he is notified that the person has been placed in custody.
BOOK II
TRIAL COURTS
TITLE I
THE ASSIZE COURT
CHAPTER VI
THE HEARING
SECTION I
GENERAL PROVISIONS
Article 306
The hearing is public unless publicity would be dangerous for order or morality. In such a case, the court so declares by a ruling made in open court.
BOOK II
TRIAL COURTS
TITLE II
THE TRIAL OF MISDEMEANOURS
CHAPTER I
THE CORRECTIONAL COURT
SECTION III
PUBLICITY AND KEEPING OF ORDER AT HEARINGS
Article 400
Hearings are public.
BOOK IV
SOME SPECIFIC PROCEEDINGS
TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I
JUDICIAL CO-OPERATION
SECTION II
ARRESTS AND TRANSFERS
Article 627-5
Any person who is apprehended in accordance with an application for arrest for the purpose of transfer must be handed over within twenty-four hours to the district prosecutor who is territorially competent. During this period, the provisions of articles 63.-1 to 63-5 apply to him.
After checking the person's identity, the prosecutor informs him, in a language that he understands, that he is named in an arrest application for the purpose of transfer, and that he must appear before the prosecutor general of the Appeal Court of Paris within five days at the latest. The district prosecutor also informs him that he may be assisted by an advocate of his choice, or failing this, by an advocate officially appointed by the bâtonnier of the order of advocates, who is immediately informed by any available means. The arrested person is also informed by the district prosecutor that he may speak to the appointed advocate immediately.
BOOK IV
SOME SPECIFIC PROCEEDINGS
TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I
JUDICIAL CO-OPERATION
SECTION II
ARRESTS AND TRANSFERS
Article 627-6
...
The prosecutor general of the same court informs the apprehended person, in a language that he understands, of the application for arrest for the purpose of transfer, and also of the charges brought against him.
If the person apprehended has already requested the presence of an advocate, who has been duly sent for, the prosecutor general hears his statement.
In all other cases, the prosecutor reminds him of his right to choose an advocate or to ask for one to be officially nominated for him. The chosen advocate, or in case of a request for one to be officially nominated the bâtonnier of the order of advocates, is informed at once by any means available. The advocate may look at the case file straight away, and may freely communicate with the apprehended person. The prosecutor general hears the latter's statement after informing him that he is free to not make one. This notification is recorded in the official record.
BOOK IV
SOME SPECIFIC PROCEEDINGS
TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I
JUDICIAL CO-OPERATION
SECTION II
ARRESTS AND TRANSFERS
Article 627-7
...
The hearing takes place and the judgment is given in open court, unless a public presence would be harmful to the course of the proceedings, the interests of a third party or to human dignity. In these cases the investigating chamber rules by an order made in chambers, on its own motion or at the request of the public prosecutor or the requested person. This judgment is only open to appeal at the same time as the decree concerning the transfer provided for in article 627-8.
The public prosecutor and the requested person are heard, the latter assisted by his advocate if there is one and, if necessary, an interpreter.
BOOK IV
SOME SPECIFIC PROCEEDINGS
TITLE XXV
PROCEDURE APPLICABLE TO ORGANISED CRIME AND DELINQUENCY
CHAPTER II
PROCEDURE
SECTION III
CUSTODY
Article 706-88
For the application of articles 63, 77 and 154, if the inquiry or investigation into one of the offences which falls within the scope of article 706-73 requires it, police custody may exceptionally be subject to two supplementary extensions each of twenty-four hours.
These extensions are authorised by a written and reasoned decision, on the request of the district prosecutor, by either the liberty and custody judge, or the investigating judge.
The person so held must be brought before the judge ruling on the extension before this decision is taken. The second extension may however, in exceptional cases, be authorised without the person's prior appearance if the needs of an investigation in progress or to be carried out require this.
Where the first extension has been agreed, the detainee is examined by a doctor nominated by the district prosecutor, the investigating judge or the judicial police officer. The doctor issues a medical certificate in which he must express an opinion on the continuation of the custody period, which is attached to the case file. The person is informed by the judicial police officer of his right to request a new medical examination. These medical examinations are as of right. A record of this notification is made in the official report and signed by the person concerned. If he refuses to sign, this is noted.
As an exception to the provisions of the first paragraph, if the foreseeable length of the remaining investigations to be carried out after the person has already been in custody for forty-eight hours justify this, the liberty and custody judge or the investigating judge may decide, in accordance with the conditions provided for in the second paragraph, that the custody period will be extended by one single period of forty-eight hours.
A person whose custody is extended in accordance with the provisions of the present article may request to see an advocate after he has been in custody for forty-eight hours and then again after seventy-two hours, according to the conditions provided for by article 63-4. He is informed of this right when he is notified about the extension or extensions, and a note of this, signed by the person concerned, is made in the official report. If he refuses to sign this, this is noted. However, where the inquiry relates to an offence which falls within the scope of 3° and 11° of article 706-73, the interview with a advocate may not take place before he has been in custody for seventy-two hours.
ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS
Article 627-5
(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)
After checking the person’s identity, prosecutor informs him, in a language that he understands, that he is named in an arrest application for the purpose of transfer, and that he must appear before the public prosecutor of the Appeal Court of Paris within five days at the latest. The district prosecutor also informs him that he may be assisted by an advocate of his choice, or failing this, by an advocate officially appointed by the bâtonnier of the order of advocates, who is immediately informed by any available means. The arrested person is also informed by the district prosecutor that he may speak to the appointed advocate immediately.
ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS
Article 627-6
(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)
The public prosecutor of the same court informs the apprehended person, in a language that he understands, of the application for arrest for the purpose of transfer, and also of the charges brought against him.
If the person apprehended has already requested the presence of an advocate, who has been duly sent for, the public prosecutor hears his statement.
In all other cases, the prosecutor reminds him of his right to choose an advocate or to ask for one to be officially nominated for him. The chosen advocate, or in case of a request for one to be officially nominated the bâtonnier of the order of advocates, is informed at once by any means available. The advocate may look at the case file straight away, and may freely communicate with the apprehended person. The public prosecutor hears the latter’s statement after informing him that he is free to not make one. This notification is recorded in the official record.
ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS
Article 627-7
(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)
The hearing takes place and the judgment is given in open court, unless a public presence would be harmful to the course of the proceedings, the interests of a third party or to human dignity. In these cases the investigating chamber rules by an order made in chambers, on its own motion or at the request of the public prosecutor or the wanted person. This judgment is only open to appeal at the same time as the decree concerning the transfer provided for in article 627-8.
The public prosecutor and the wanted person are heard, the latter assisted by his advocate if there is one and, if necessary, an interpreter.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.