Our law firm, which specializes in criminal law in France, offers you legal services at all stages of these cases. A criminal investigation in France is carried out in general terms as follows:

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• Complaint to the police and prosecutor's office or opening of an investigation in case of an accusation of a crime not subject to complaint;

• Making a statement and confrontation ;

• Defense before the judicial police, the prosecutor, the investigating judge (juge d'instruction) and the arresting judge;

• Carrying out all investigation procedures in investigation files;

• Defense in Criminal and Serious Criminal cases.

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Our law firm defends not only the defendants but also the rights of the victims to the fullest.

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In criminal cases, it is very important for the lawyer to intervene at the beginning of the investigation, as this will help you to build your defense on a solid foundation from the outset and contribute to the desired outcome of the case in the future.

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Under French law, there are different possibilities for the course of the proceedings after detention or after your statement has been taken by the judicial police without detention:

 

• If the prosecutor's office is of the opinion that no crime has been committed, or that there is insufficient evidence that a crime has been committed, or that the crime is time-barred, it may decide not to prosecute. In France, even if the prosecutor is convinced that a crime has been committed, he or she may decide not to prosecute (opportunité de poursuite). In this regard, the law gives the prosecutor wide discretion. In the event of a decision not to prosecute, the law provides the complainant with various alternatives: The complainant can appeal this decision before the Chief Prosecutor of the Court of Appeal, or he or she can apply to the investigating judge (juge d'instruction) and request that the investigation file be opened against the accused. The complainant/victim can also bring an action against the accused directly before the Criminal Court of First Instance (citation).

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• If the charges are serious, the case is sensitive and political, the number of defendants is high, there are international connections or the charges are serious, the prosecution can apply to the investigating judge (juge d'instruction) and request the opening of an investigation against the accused (ouverture d'une information judiciaire). In such cases, if the charges are serious and organizational crimes are involved, arrest is very common. In the absence of arrest, the persons under investigation may be released on judicial control conditions. Investigation files are generally lengthy and the investigating judge then decides whether or not to prosecute the suspect. If the judge decides to prosecute, the relevant Criminal Court of First Instance or Assize Court will try the defendant. All actions of the investigating judge, including the opening of a case, can be appealed to the Investigation Chamber of the Court of Appeal (Chambre de l'instruction de la Cour d'appel).

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• The Public Prosecutor's Office may also file a case with the Criminal Court and request that the accused be tried immediately in a speedy trial (comparution immédiate). In this case, the accused must agree to a speedy trial. If he or she does not consent to an immediate trial, he or she may ask for time to prepare his or her defense and the court will give him or her a period of time to prepare his or her defense. In this case, the Criminal Court decides whether to try the accused in pre-trial detention or without pre-trial detention and sets a new trial date. In such cases, if the accused has time to prepare his/her defense, if there is irrefutable evidence of the commission of the offense and the accused has no fixed place of residence or employment, the court shall order his/her arrest. At the newly appointed hearing, the accused shall be tried in public. This speedy trial procedure is used in cases where there is sufficient evidence that a crime has been committed.

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• The public prosecutor's office may, however, prosecute the accused after the police statement and issue a summons to the accused through the judicial police. In this case, the defendant prepares his/her defense and collects evidence until the day of the hearing, and the defendant is tried on the day of the hearing. During this period, the accused may be completely free, or the prosecutor's office may, if the conditions are met, apply to the judge of liberties and request that the accused be released on judicial control conditions.
   

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• Likewise, for a limited number of minor offenses, the public prosecutor's office gives the accused a day on which it proposes a sentence (ordonnance pénale). If the accused does not accept the sentence proposed by the public prosecutor, he or she appeals to the Criminal Court within 45 days and is tried before that court on the appointed day. In this trial, the Criminal Court may decide to reduce or increase the sentence proposed by the prosecution.

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• Finally, the public prosecutor may decide to negotiate with the accused, again for minor offenses. A specific day is set for this, on which the prosecutor proposes a sentence and negotiates with the accused. If there is an agreement with the prosecutor, this agreement is upheld by the Criminal Court, and this upholding decision is a court decision. If there is no agreement, the accused is tried before the Criminal Court as in a normal trial.

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In all the above-mentioned stages, our lawyers not only guide you in a healthy way, but also defend your rights before the judicial bodies to the end.