From arrest to trial: how a criminal case works in France
France follows a civil law tradition, so a criminal case works differently from the adversarial model used in England and Wales. Prosecutors and judges play a larger part in gathering evidence, and the trial is largely built on a written case file. This guide follows a case from arrest to trial and explains the French terms along the way. Anyone who is suspected or charged is presumed innocent until a court rules otherwise.
The investigation begins
Most cases start with a police investigation supervised by the procureur de la République, the public prosecutor. There are two main forms. A flagrance investigation applies when an offence is being committed or has just been committed. A preliminary investigation covers other cases. Only certain officers, known as officiers de police judiciaire, can use the most significant powers, such as holding someone in custody.
Police custody
A suspect can be held in garde à vue, which is police custody for questioning. The basic limit is 24 hours. It can be extended by a further 24 hours with the prosecutor's authorisation, normally where the offence carries at least 1 year's imprisonment. Longer periods are allowed for organised crime and terrorism cases, under stricter conditions.
During custody a suspect has several rights:
- to be told the alleged offence and the right to remain silent;
- to see a lawyer and to have the lawyer present at interviews;
- to see a doctor;
- to have a relative or employer informed;
- to an interpreter if needed.
When custody ends, the person may be released with no further action, released pending a decision, or brought before a prosecutor.
The prosecutor's decision
The prosecutor decides what happens next. The options include:
- Dropping the case (classement sans suite), often where evidence is lacking.
- An alternative to prosecution, such as a warning, mediation or a requirement to make good any harm.
- A direct route to court for less serious offences. This may be a summons, a fast-track hearing (comparution immédiate) or an agreed-sentence procedure, which resembles a guilty plea and needs a judge's approval.
- A judicial investigation, which is compulsory for the most serious offences and optional for others.
The investigating judge
In complex or serious cases, the prosecutor opens a judicial investigation led by a juge d'instruction, or investigating judge. The judge is independent of the prosecutor and is expected to look for evidence both for and against the suspect. The judge can order searches, hear witnesses, commission expert reports and question the suspect.
Formal investigation status
A person against whom there is serious or consistent evidence may be placed under mise en examen, meaning formally under investigation. This is not a finding of guilt, and the term is s