CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN FRANCE

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1 CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN FRANCE Fair Trials is a nn-gvernmental rganisatin that wrks fr the right t a fair trial accrding t internatinally-recgnised standards f justice. This factsheet cvers: - Definitins f key legal terms; - Infrmatin abut criminal prceedings and defence rights in France; and - Useful Links We have prepared this factsheet with the assistance f lcal criminal lawyers, wh tried t describe hw things happen in reality. Even within ne cuntry, hwever, practice can vary greatly frm ne place t anther yur wn experience culd differ frm the descriptins belw. This dcument des nt cnstitute legal advice and nly prvides general infrmatin. If yu need advice in relatin t yur specific case, r if yu are cncerned abut a pssible vilatin f yur rights, yu shuld discuss this with yur lcal lawyer. If yu think an imprtant questin is nt cvered by this nte, please let us knw by filling ut the sheet attached at the end. We wuld als appreciate it if yu culd als take a few mments t give us sme feedback abut this nte. Yur cmments will help us t imprve ur services. Fair Trials cmprises Fair Trials Internatinal and Fair Trials Eurpe. Fair Trials Internatinal is a registered charity (n ) and in 2010 was incrprated with limited liability in England Wales (n ). Fair Trials Eurpe is a registered public fundatin in Belgium (registered number ). We were initially funded in 1992 with the name Fair Trials Abrad. IMPORTANT This leaflet was last updated in February The infrmatin cntained in this dcument is prvided fr infrmatin purpses nly and is nt intended as legal advice, nr des it cnstitute legal advice. Whilst we endeavur t keep the infrmatin up t date and crrect, Fair Trials makes n representatins r warranties f any kind, express r implied abut the cmpleteness, accuracy, reliability, suitability r applicability t individual cases f the infrmatin cntained in this leaflet. Any reliance yu place n such material is therefre strictly at yur wn risk. Fair Trials disclaims any liability t the fullest extent permissible by law fr any lss r damage f any kind arising frm the use f the infrmatin prvided. Yu shuld always seek prfessinal legal advice frm a lawyer qualified t practice in the jurisdictin yu are in. DEFINITIONS OF KEY LEGAL TERMS Appeal (appel): An pprtunity t dispute a decisin made at trial (either n guilt r n sentence) by asking a higher curt t review it. This can result in the decisin being verturned r changed. Bail (cntrôle judiciaire): The temprary release frm plice custdy r frm prisn f a persn accused f a crime and awaiting trial. Bar Assciatin (rdre des avcats r barreau): An rganisatin whse rle is t represent lawyers and help peple in their dealings with lawyers. Charge/Indictment (accusatins): A statement (ften in writing) accusing a persn f carrying ut an ffence. In France, such infrmatin is ften given rally. Cnsulate (cnsulat): The sectin f an embassy whse task is t assist its citizens. Curt f Appeal (cur d appel): A curt that is cmpetent t hear appeals (i.e. challenges) made t decisins f the lwer curts. Curt f First Instance: A lwer curt where a trial is initially heard. 1

2 Embassy (ambassade): The ffice f a gvernment fficial wh resides in a freign cuntry and represents his/her gvernment s interests. Eurpean Curt f Human Rights (Cur eurpéenne des drits de l hmme): The Curt is based in Strasburg, France, and hears human rights cases against the 47 cuntries which make up the Cuncil f Eurpe (which is different frm the Eurpean Unin). Fast track prceedings r summary prceedings (cmparutin immédiate): this is the name given t prceedings that take place very immediately after arrest by the plice and plice custdy. These prceedings are usually nly used in simple and straightfrward cases. File (dssier): name given t yur case r case file by yur lawyer. Investigative Judge (juge d instructin): A judge wh perfrms an examining rle and actively steers the curse f a trial. Judge (juge): A persn with authrity t hear and decide n cases in a curt f law. Lawyer (avcat): A persn whse prfessin is t give legal advice and assistance t clients and represent them in curt r in ther legal matters. Liberty and custdy judge (juge des libertés et de la detentin): judge in charge f deciding whether a persn must be released r placed in detentin pending trial. Judgment (jugement): A decisin n a case prvided by a judge r jury in a curt f law. Legal Aid (aide juridictinelle): Financial assistance prvided t a persn wh needs a lawyer and wh cannt affrd t pay fr ne. Offences (infractins): There are three categries f ffences in France: felnies (crimes) which are very serius ffences such as murder r armed rbbery; misdemeanurs (delits) which are less serius ffences such as theft, fraud, bribery etc. and petty crimes (cntraventins) which are minr ffences such as speeding. Plea Bargain (cmparutin sur recnnaissance préalable de culpabilité): A prcedure which allws the defendant t plead guilty in exchange fr a less severe sentence. In France it is nly pssible in limited circumstances. Plice Custdy (garde à vue): Detentin f a suspect by the plice after arrest. Pwer f Attrney (prcuratin): Written authrisatin prvided by ne persn t anther, allwing them t make decisins n their behalf. This can include matters f business r private affairs. Pre-trial Detentin (detentin prvisire): Detentin in plice custdy r in prisn during the investigatins (and ften during the trial itself as well), which happens befre the decisin n guilt r inncence is made by the curt. Public Prsecutr (Prcureur de la République): A judge wh cnducts a case against a persn wh is accused f a crime Remand: The act f sending a persn, accused f a crime, int plice custdy. Sentence (peine): The punishment assigned t a persn cnvicted f a crime as fixed by a curt f law. Victim (victime r partie civile) Warrant (mandat): A dcument issued by a legal r gvernment fficial authrising the plice t make an arrest, search premises, r carry ut sme ther actin relating t the administratin f justice. Witness (témin) INFORMATION ON CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN FRANCE Q1. WHERE DO THE LAWS OF FRANCE APPLY? The laws f France apply within the whle territry f the French Republic including French Overseas Departments and Territries and French Plynesia. 2

3 French criminal law is applicable t any ffence punishable under French law if at least part f the ffence tk place in France regardless f the ffender s natinality. Please nte that French criminal law can als apply t sme crimes and misdemeanurs cmmitted utside France by nn-french citizens against French citizens. Specific cnditins have t be met: (1) The French victim needs t cmplain, r an fficial cmplaint needs t be made by the state in which the ffence tk place; and (2) The French prsecutr needs t agree t prsecute the suspect. Q2. WHAT ARE MY RIGHTS UPON ARREST? After arrest, yu can be kept in detentin in a plice cell. This is called plice custdy (garde a vue). The general rule is that yu cannt remain in plice custdy fr mre than 24 hurs frm the time f yur arrest. Hwever, plice custdy can last anther 24 hurs in specific circumstances, especially if the ffence is punishable by at least ne year s imprisnment, r if the investigatin is deemed t require the extra time. The plice needs t have the cnsent f the prsecutr (in the vast majrity f cases, the prsecutr will cnsent). In certain cases invlving terrrism, drug trafficking r rganised crime, the duratin f the plice custdy can last up t 96 hurs. At the end f plice custdy a judge (juge des libertes et de la detentin) will decide whether t rder yur detentin (in a prisn) prir t yur trial. Right t infrmatin: (i) Will the plice infrm me f my rights? Will this be dne rally r in writing? Yes, the plice will infrm yu f yur rights. They will d it rally and in writing. The writing will cnsist f a plice reprt in French stating yur rights and stating that yu were infrmed f them and that yu understd them. Yu will be required t sign this sheet (knwn as the Ntificatin f Rights Reprt) and if yu refuse t d s, it will be mentined by the plice fficers n the plice reprt. In practice, yu will be immediately infrmed f yur rights when remanded in custdy. Hwever, if yu are in a state f intxicatin at the time f arrest, the ntificatin f yur rights may be pstpned until the effects f the alchl/drugs have wrn ff. In a nutshell, the rights yu will be ntified f are: 1. The right t infrm a relative and/r yur emplyer (unless this wuld undermine the cnduct f the investigatins); 2. The right t be examined by a dctr (this culd, in practice, take sme time); 3. The right t be assisted by a lawyer during the hearings; including a 30-minute private cnsultatin at the beginning f yur time in custdy and at each 24 hur renewal; 4. The right t answer the questins yu are asked, r t remain silent. (ii) D I have the right t be infrmed f the allegatins/charges against me? Yes, yu have a right t be infrmed f the allegatins against yu. The plice fficer must infrm yu f: (i) (ii) The fact that yu have been remanded int plice custdy (and hw lng this will last); and The nature and the presumed date f the ffence that yu are suspected t have cmmitted, r t have attempted t cmmit. The public prsecutr has the right t amend the charges. Shuld this happen, yu wuld be immediately ntified by a plice fficer in a language that yu understand (with the assistance f a translatr / interpreter if needed). Hwever, if yu are in a state f intxicatin at the time f arrest, such infrmatin may be given t yu at a later stage in the prcess. The right t infrm peple: (i) D I have a right t have the cnsulate infrmed f the arrest? 3

4 Freign natinals arrested in France have the right t have the plice ntify their cnsular authrities f the arrest. Yu need t request it. (ii) D I have a right t infrm my family f the arrest? Yes, if yu wish t infrm a family member/yur emplyer f yur arrest, yu can give the plice the cntact details f a family member s they can call/ntify them fr yu. Yu will nt be allwed a call t all f yur family. Therefre, yu shuld chse carefully which family member t call. Hwever, the public prsecutr may delay the ntificatin f yur family, if s/he believes this is necessary, fr the prper cnduct f the investigatin (e.g. if there is a risk that they are accmplices r will infrm accmplices f yur arrest). If a judge decides t rder that yu are placed in pre-trial detentin, yur family must immediately be infrmed. (c) D I have a right t a lawyer? Yes, any individual wh is in custdy has the right t be assisted by a lawyer. Yu can request a lawyer at any time when under plice custdy and yu will benefit frm yur lawyer s assistance during interrgatins r cnfrntatins. Hwever, if needed by the investigatin, the public prsecutr has the right t pstpne the assistance f a lawyer fr up t 12 hurs, if requested by the plice fficer (usually this has t be necessary fr the gd cnduct f the investigatins i.e. because it is urgent t cllect evidence - r t prevent anther criminal ffence frm taking place). If ffences are punishable by five r mre years imprisnment, the public prsecutr may delay the assistance f a lawyer by up t 24 hurs, but nly with the authrisatin f the liberty and custdy judge (juge des libertés et de la detentin). This decisin cannt be challenged as such, but in sme circumstances if the decisin was wrngly taken (e.g. the ffence was nly punishable by less than five years imprisnment), then statements given t the plice withut a lawyer will nt be admissible at trial. (d) D I have a right t a translatr/interpreter? If yu d nt understand French, yu will be prvided with an interpreter. If necessary, a frm can be handed ut t yu in a language yu understand t ensure yu are aware f yur rights whilst the plice are waiting fr the translatr/interpreter t arrive. Interpreters will be present during plice interviews. Yu may be asked t sign a statement in French, which the interpreter will translate fr yu rally. Yu d nt have a right t have this statement translated in writing in yur mther tngue. If yu are nt sure that this statement is accurate, ask yur lawyer t check its cntent. Yu can als ask yur lawyer whether yu shuld refuse t sign it. (e) D I have t talk t the plice r can I remain silent during plice interrgatin? Will it wrk against me if I am silent? Yu have the right t remain silent during interrgatin but this right shuld be exercised carefully s as nt t be harmful t yur case. Discuss with yur lawyer whether r nt yu wish t exercise this right. Q3. WHEN WILL I KNOW ABOUT THE CASE AGAINST ME? Yu shuld be ntified immediately f the suspicins r accusatins that led t yur arrest and detentin. Shuld the accusatins against yu change whilst yu are in custdy, the plice fficers have a duty t ntify yu f the new accusatins immediately. Yur lawyer can ask fr access t a reprt stating that yu were ntified f yur rights (prces-verbal de garde-a-vue: this is the dcument yu were asked t sign when yu were infrmed f yur rights by the plice), yur medical certificate in case yu have asked t cnsult a dctr, as well as all written reprts f statements yu made t the plice. Hwever, the plice fficer has n bligatin t allw yur lawyer t see yur file and in practice sme plice fficers rutinely deny this. 4

5 If the prsecutr decides t pstpne yur right t a lawyer, then neither yu nr yur lawyer will be able t see the file during these 12 r 24 hurs. If yur case is directly brught befre a curt fr trial by the prsecutr (citatin directe du Parquet), yu will have full access t the file and a right t a cpy its cntents. If yur case is brught befre an investigative judge fr further examinatin, yur lawyer will be granted the right t access the whle file, but yu will nt. The general rule is that yur lawyer will request a cpy f the file, which yu will then be able t cnsult at his ffice r in any place where the cnfidentiality f the discussin between a client and his/her lawyer is secure. Yu d nt have a right t a cpy f the cntents f yur file unless yu have requested and btained the investigative judge s authrisatin. It is prhibited t cmmunicate any part f an investigatin file and this is punishable by a fine f up t There is an exceptin t this rule when the cmmunicatin f the file is needed in rder fr yu t btain a statement frm an expert t supprt yur defence. Q4. HOW DO I FIND A LAWYER? WHAT IS THE ROLE OF MY LAWYER? Hw d I find a lawyer? French lawyers are members f lcal bar assciatins r bars. The list f lawyers fr each lcal bar is available in all municipalities r district curts. Mst lcal bars als prvide such lists n the internet. I cannt affrd t pay fr a private lawyer, what shuld I d? (Is there legal aid? Hw shuld I apply? What are the criteria t be eligible? What is cvered by legal aid?) If yu cannt affrd t pay fr a lawyer, ne can be appinted fr yu by the curt. Subject t certain cnditins yu can benefit frm full r partial legal aid. Yu will need t prve that yu have a lw r n incme. With respect t criminal prceedings, any persn charged, accused r cnvicted may benefit frm legal aid, even if such persn is nt a French natinal r resident. T benefit frm legal aid and assistance, yu must cntact the lcal bar assciatin. If yu are placed under plice custdy and yu d nt knw any lawyer t cntact fr assistance but want the assistance f a lawyer, the plice will call the lcal bar assciatin t have a lawyer appinted fr that purpse. (c) What is the rle f my lawyer? Will s/he investigate the case? Yur lawyer will prvide yu with legal assistance and will present yur case in curt based n the evidence gathered by the prsecutr r by the investigative judge. In curt, s/he has the right t call witnesses. In principle, the pwer t investigate a case belngs t the public prsecutr and investigative judge. This means that the lawyer s pwer t investigate the case is limited, especially when the case is nly under the authrity f the prsecutr. If the prsecutr is nt ding his/her jb, it is smetimes pssible t start a civil actin against him/her and ask that an investigative judge be appinted. When the case is in the hands f an investigative judge, yur lawyer (and similarly, the lawyer f the victim) has brader pwers t request investigatin, interviews, cnfrntatins (the act f bringing tgether the suspect and the victim fr a discussin), etc. (d) I am unhappy with my lawyer: Hw can I change lawyer? Hw can I cmplain abut my lawyer? A gd first step is t speak t yur lawyer abut yur cncerns. If that des nt reslve the issue, yu can cmplain abut yur lawyer and seek t have anther lawyer appinted. Yu can cmplain abut yur lawyer befre the president f the relevant bar assciatin (le bâtnnier) by way f a simple letter explaining the reasns fr yur cmplaint. If yu are receiving legal aid, yu need t request the appintment f a new lawyer t the bar assciatin. When yu have the name f that new lawyer and s/he has agreed t take ver yur case, s/he will cntact yur previus lawyer t receive yur file frm his/her clleague. It is recmmended that yu call yur previus lawyer t let him/her knw that yu have appinted new representatin fr yur case. Q5. WILL I HAVE TO STAY IN PRISON UNTIL MY TRIAL STARTS? IF SO, FOR HOW LONG? 5

6 The infrmatin given belw is specific t France. Fr general infrmatin and tips abut hw t btain yur release prir t yur trial, please refer t ur nte f advice n Applying fr Release Pending Trial. Will I have t stay in prisn until my trial starts? What are the alternatives? Yu may have t stay in prisn until yur trial starts. Althugh there is a presumptin that peple shuld be given bail (i.e. shuld be released pending yur trial), in many cases defendants, particularly when they are freign natinals, are kept in custdy. Reasns fr keeping peple in custdy are t prevent them frm: 1) failing t attend their trial (i.e. abscnding); 2) tampering evidence r interfering with witnesses; 3) cmmitting anther ffence; r 4) being in danger f thers r themselves. Nte that the time spent in prisn prir t yur trial will be deducted frm yur verall sentence. There is an alternative t detentin. It is called bail (cntrôle judiciaire) and means that yu are released frm custdy. If yu are released pending trial, yu may be required t submit t certain bligatins/restrictins. These bligatins are set by a judge (either the investigative judge and/r the liberty and custdy judge) in rder t fulfil the investigatin s requirements and in rder t ensure yur presence befre the judge and/r the curt fr yur hearing r when summned. Typical bail cnditins include: Agreeing t give ntificatin f any travel plans; Answering summns; Being placed under huse arrest with, r withut, tagging (bracelet electrnique); Being prhibited frm visiting certain places (e.g. the neighburhd where the victim lives); Appearing regularly in a place designated by the judge (e.g. a lcal plice statin); Refraining frm driving; Nt meeting r making cntact with certain peple (victims, c-defendants, etc.); Submitting t any examinatin, treatment r care; including hspitalisatin, particularly fr detxificatin; Nt engaging in certain activities either prfessinal r scial; r Prviding evidence f cntributin t family expenses, r the payment f a pensin fund. Hw and when can I apply fr release while waiting fr trial? Yu can apply fr bail at any time f the investigatin after yu were charged. Yu will have t prmise t attend trial and cnvince the judge nt t place yu in pre-trial detentin. Applicatins fr bail can be made by yu r yur lawyer t the judge hearing yur case r cnducting the investigatin. If the judge denies yu bail, yu can appeal against his/her decisin. Judges will lk at the merits f the case when cnsidering yur bail applicatin. The bail decisin can be reviewed at any time and as ften as requested. (c) Hw lng can I be kept in prisn befre my trial starts? In instances where plice custdy is ver and a judge decides t rder that yu are kept in jail until yur trial, the general rule is that yur pre-trial detentin (détentin prvisire) shuld nt exceed a reasnable amunt f time cnsidering the gravity f the case and the cmplexity f the necessary investigatins. As a general rule, pre-trial detentin fr minr ffences cannt exceed fur mnths. Hwever, depending n the suspected persn s criminal recrd, persnality, and the status and nature f the ffence, such detentin can be extended t up t ne year. Pre-trial detentin can be extended t up t tw years fr ffences cmmitted partly utside f natinal territry r fr rganised crime, drug trafficking, terrrism, cnspiracy, and ther serius crimes. When a serius ffence is cmmitted, the general rule is ne year f pre-trial detentin but when all the pssible exceptins t the general rule apply, it can amunt t a maximum f fur years and eight mnths. (d) Can I g back t my hme cuntry if I have been released pending my trial? Yes, unless the judge decides t retain yur passprt in rder t make sure yu will nt leave the cuntry r s/he asks yu t stay at a given address. 6

7 (e) What will happen if I breach the cnditins f my release? If yu breach yur bail cnditins, bail will be revked and yu may be remanded in prisn. Hwever, this des nt cnstitute a separate criminal ffence. (f) D I need a lawyer t apply fr release? N, but it is recmmended that yu have a lawyer present because there are legal cnsideratins which might affect the cnditins f yur bail. Q6. HOW LONG BEFORE MY CASE GOES TO TRIAL? This may vary depending n the cmplexity f the case and the time needed t cmplete the investigatin. It can be anywhere frm ne day in the case f fast track prceedings, which prvide fr an immediate appearance at curt (cmparutin immediate), t several years if a serius crime has been perpetrated. It als varies a lt frm curt t curt and in different parts f France. France has been cndemned by the Eurpean Curt f Human Rights because f the delays in its criminal justice system. There are always delays with my case, des that mean my lawyer is ding a bad jb? N. Delays happen at each stage f the prceedings and curts are knwn t be verwhelmed, which causes cases t be fairly slw t reach a cnclusin. This is nt necessarily the result f pr quality wrk frm yur lawyer. Smetimes, yur lawyer will even ask fr the pstpnement f sme hearings s s/he will have mre time t prepare yur defence. Q7. CAN I PLEAD GUILTY? WHAT ARE THE CONSEQUENCES OF PLEADING GUILTY? Yes, yu can plead guilty t ffences that are punished by a fine and up t a maximum f five years in prisn. In this prcedure, the assistance f a lawyer is cmpulsry. This prcedure (cmparutin sur recnnaissance prealable de culpabilite) is nt applicable if yu are yunger than 18 years f age r in the case f sme ffences, such as vilatin f press laws, manslaughter, plitical misdemeanurs and ffences prvided by specific laws. This prcedure can nly be ffered at the prsecutr s wn discretin r at yur request r the request f yur lawyer. In such a case, the prsecutr may suggest a plea bargain. Fr ffences punishable by imprisnment, the duratin f prpsed imprisnment in the plea bargain cannt exceed ne year r half the punishable sentence (whichever is the lwer). If the plea bargain is accepted by the accused (with the assistance f his/her lawyer), it has t be apprved by a judge. If the prcedure fails, it has n cnsequences n the case, which will be heard in curt in the nrmal way. N mentin f an attempted guilty plea will remain in the file and the prsecutr is nt allwed t mentin it t the curt during trial. Q8. WHAT HAPPENS AT TRIAL? The hearing can take place befre: The plice curt (tribunal de plice) r jurisdictin f prximity (juridictin de prximité), which deals with petty ffences; The crrectinal curt (tribunal crrectinnel) which deals with misdemeanurs; r The criminal curt (cur d assises) which deals with felnies (e.g. murder). What happens at trial befre each curt may differ, but in utline (and in rder) the trial will be rganised as fllwed: The curt will ask the accused a few questins n his/her status (identity, recrd, etc.); The curt will summarise the charges against the accused; The curt will questin the accused n the facts. Yu can remain silent; Witnesses will be called and examined; 7

8 The curt will ask the prsecutin, the defendant and, if present, the victim if they have further questins and the prsecutin has an pprtunity t recmmend a punishment fr the accused. Finally, the parties will each argue their case in the fllwing rder: (i) (ii) (iii) The victim s lawyer (see belw mre infrmatin abut the rle f the victim in criminal prceedings); The public prsecutr; and then The defence lawyer. Once this prcedure has been fllwed, the curt will ask the accused if s/he has anything t add t what his/her lawyer said. A judgment will then be made. Are there fast-track trials? Fast-track prceedings (called cmparutins immediates) cannt be requested by the defendant. They are chsen by the public prsecutr; he can nly use them in straightfrward cases. They result in yur case being heard immediately at the end f the plice custdy (garde a vue). It usually gives yu very little time t prepare yur defence; hwever yu can request sme time (usually a few days r weeks) t better prepare yur defence. Fast track prceedings can have a serius impact n the utcme f yur trial and yu shuld seek legal advice urgently if the prsecutr decides that yur case shuld be fast-tracked. D I have t be present? In principle, yes and it is recmmended. Hwever yu can, in practice, be represented by yur lawyer nly, unless the curt specifically requests yur presence. As a general rule yur absence des nt prevent the curt frm trying the case. If yu have nt asked fr a pstpnement and yu are nt represented by a lawyer wh asks fr this pstpnement n yur behalf, the curt is unlikely t pstpne and will try the case in yur absence. (c) Can I ask fr the trial t take place in my hme cuntry? N. (d) Is there a jury? There nly are jurrs at the criminal curt (cur d assise), which deals with felnies. There are three judges and nine r 12 jurrs (wh are lay peple chsen frm residents wh are allwed t vte, i.e. wh are ver 18 years ld). (e) Can my lawyer call and crss-examine witnesses? Yes, yur lawyer can call witnesses. If a witness is nt attending curt willingly, yur lawyer can ask the judge t summn the witness (i.e. t frce him/her t cme t curt) t give evidence at yur trial. Hwever, this is at the discretin f the judge, yu have n right t summn witnesses. Yur lawyer can als crss-examine witnesses. Hwever, since such crss-examinatin is supervised by the curt, the curt may set limits t yur lawyer's crss-examinatin. (f) I dn t speak the language f the curt, d I have a right t an interpreter? Is it free? Yes, yu have a right t an interpreter wh will be appinted by the curt. The assistance f an interpreter is free. (g) Will the written evidence be translated fr me? Only the dcuments referred t during trial will be translated fr yu, rally. Yu d nt have a right t have the whle file translated int yur wn language. (h) Will the interpreter als help me if I need t talk t my lawyer? Yes. 8

9 (i) Why is the victim taking part in the trial? Victims are ften called as witnesses. If the alleged ffence has caused damages t the victim, the criminal curt can rder damages t be paid t the victim withut the need fr a separate legal case n the civil curts. Fr this reasn, victims ften decide t take an active (althugh limited) part in the trial, but they have n bligatin t d s. (j) Will I be infrmed f the decisin f the curt n the day f the trial? It depends n the cmplexity f the case. If the case is simple, the curt can chse t deliver its decisin n the day f trial. Hwever, curts can chse t pstpne the delivery f their decisins t a later date, which they will ntify the parties f rally at the end f yur trial. (k) Can I receive a cpy f the judgment in my mther tngue? In principle, n. Hwever, yur lawyer may prvide yu with a translatin if s/he speaks yur language. (l) I was tried in my absence and was nt infrmed f this, what can I d? If yu have nt been infrmed f yur trial, the curt will issue a default judgment (which cannt be executed until yu are made aware f it and which gives yu right t a re-trial). Hwever, if yu gave an incrrect address r if yu mved withut infrming the curt, the summns/citatin will be cnsidered as thugh it had been prperly served and the trial will take place in yur absence. As lng as the summns is prperly served r cnsidered s, trials in yur absence will nt give yu a right t a re-trial. Nevertheless, yu d nt lse yur right t appeal against the decisin, prvided yu respect the deadline. Nte that mst f the time, if yu are absent but yu are represented by a lawyer, then the trial is cnsidered t have taken place in yur presence. Q9. I AM NOT HAPPY WITH THE DECISION, CAN I APPEAL AGAINST IT? HOW DO I APPEAL? Yu shuld always seek advice frm yur lawyer if yu want t make an appeal. In thery, yu can make an appeal withut the assistance f a lawyer. Hwever, where pssible, it is advisable t get legal advice because it is a very technical matter. If yu are detained, yur applicatin t appeal must be ldged thrugh a statement filed with the prisn authrities (the persn in charge is called the greffe de la prisn). Alternatively, yur lawyer can file an appeal n yur behalf with the registrar f the curt (greffe du tribunal). The time limits run frm the time the service f the judgement is passed: 10 days, if yu reside in cntinental France; ne mnth if yu reside utside cntinental France (i.e. abrad r in the French territries). D I need t pay my lawyer mre mney if there is an appeal? Yes, yur lawyer can ask fr mre mney if there is an appeal (unless s/he initially agreed that his/her fees wuld cver the appeal). If yu are entitled t legal aid, it will cver the cst f yur appeal. What is the time frame fr the appeal t take place? It is difficult t predict the time frame fr an appeal. Generally, an appeal will take place quickly if the accused is detained in jail and will happen within a year if s/he is free. (c) Culd things get wrse during the appeal? If I am acquitted, can the prsecutin appeal? Yes, yu can be given a lnger sentence n appeal, but nly if the prsecutr ldged an appeal. The prsecutr can appeal and, if s/he des s, yur acquittal can be verturned, r yur sentence increased. The victim can als appeal against an acquittal, but if s/he is the nly ne t appeal (i.e. the prsecutr des nt appeal), then the nly thing that s/he can btain is a declaratin by the appeal curt that, althugh yu are acquitted, yu have cmmitted the ffence and the appeal curt may rder that yu pay damages t the victim. 9

10 Q10. I HAVE EXHAUSTED ALL LEGAL REMEDIES. WHAT OPTIONS DO I HAVE? Is it pssible t get my case reviewed? Yes, there is a review mechanism but it is very rarely used. It is subject t very strict cnditins i.e. new facts, which were unknwn t the curt n the day f trial, must have been discvered that raise dubts as t yur guilt. In practice, it is very rare that a case actually gets reviewed. Revisin may be applied fr by the Minister f Justice, by the cnvicted persn, r by his/her legal representative. The applicatin fr revisin is sent t a special cmmissin cmpsed f five Curt f Cassatin judges (i.e. judges frm the French Supreme Curt). If the judges cnsider it necessary, they will call fr further investigatins and refer any applicatin they cnsider admissible t the criminal divisin f the Curt f Cassatin (which rules as a revisin curt). This is the curt f last resrt. Yu can als take yur case t the Eurpean Curt f Human Rights (ECtHR) after yu have exhausted all yur dmestic remedies (i.e. all legal avenues available in France). The ECtHR cannt verturn yur cnvictin but can recmmend that yu receive a retrial r that yu are ffered damages. Can I apply fr a pardn? Yes, the French President may grant pardn if: 1. All legal remedies are exhausted; and 2. The cnvictin is final and binding. Hwever, pardns are nly granted under very exceptinal circumstances. Q11. WHAT RIGHTS DO I HAVE AS A PRISONER? D I have rights as a prisner? Where can I find ut abut my rights? A guide t prisners rights shuld be given t yu when yu arrive in prisn. These include: The right t health; The right t a lawyer; The right t wrk/educatin; The right t a private and family life; The right t infrmatin; The right t safety; The right t freedm f expressin and religin; and The right t cntact family and legal representatives. The guide shuld be explained t yu rally. Free legal advice shuld be available t yu in every prisn. What can I d if my rights are vilated? Where can I get assistance regarding my welfare issues, regarding abuse and mistreatment? Yu can persnally cmplain t the prisn warden and may ask t be heard by the persn in charge f inspecting the prisn (usually a judge). It is als pssible t bring a cmplaint befre the administrative authrity that defends peple s rights against public administratins (Défenseur des Drits). Yur lawyer shuld als be able t assist yu. Q12. CAN I GET MY SENTENCE REDUCED? Fine sentences may be reduced by 20 per cent (up t a maximum discunt f 1500 r apprximately 1310) if paid within the mnth fllwing the decisin. A sentencing judge (Juge d applicatin des peines) may reduce yur sentence as a result f yur gd behaviur and take int cnsideratin the time yu have already served. This usually happens after yu have served half f yur sentence, but re-ffenders have t serve tw-thirds f their sentence. Fr infrmatin abut when exactly yu may be entitled t an early release, yu shuld ask yur lawyer. Nte that time served in pre-trial detentin will be deducted frm yur verall sentence. 10

11 What wuld help me get an early release? Prisn sentences may be reduced fr inmates wh shw serius signs f scial readjustment/gd behaviur and wh have paid cmpensatin t thse claiming against them. I have been sentenced t pay a fine, what will happen if I dn t pay it? A ttal r partial default payment may lead t yur imprisnment. Please nte that if yu have limited financial resurces, yu may be able t pay a fine in instalments. Yu need t request this. Q13. CAN I GO BACK TO MY HOME COUNTRY? Can I serve my prisn sentence in my hme cuntry? Yes, yu can ask fr a transfer if France and yur hme cuntry have signed a treaty dealing with this matter. If there is n such treaty a transfer may still be pssible but will be mre difficult t btain. Befre yu can transfer yu must renunce yur right t any further appeals. Please refer t ur Prisner Transfers nte f advice fr mre infrmatin. Can I be expelled instead f serving my sentence? N. (c) Is there a risk that I will be deprted after serving my sentence? Yes, in sme situatins yu may be autmatically escrted t the brder at the end f yur prisn sentence. Yu shuld speak t yur lawyer abut this. USEFUL LINKS ORGANISATION MANDATE CONTACT DETAILS LAW GOVERNING BODIES Le Cnseil Natinal des Barreaux French Bar Assciatin Ordre des Avcats de Paris Paris Bar Assciatin Le Cnseil Natinal des Barreaux (The Natinal Bar Cuncil) represents & gverns all lawyers practicing in France. It verviews the prvisin f free legal assistance (legal aid) and helps peple in their dealings with lawyers. The Paris Bar wrks t represent all lawyers practicing in Paris, and t deal with any cmplaints made against them. When a detainee requires a lawyer, the plice may cntact the Bar Assciatin t request ne. cnb.avcat.fr E: cnb@cnb.avcat.fr T: +33 (0) Legal Aid: +33 (0) F : +33 (0) Cnseil Natinal des Barreaux, 22, rue de Lndres, Paris Legal Aid: Bureau d'aide Juridictinnelle, 1 quai de Crse, Paris. E : delegatingenerale@avcat paris.rg T: +33 (0)

12 11, place Dauphine Paris Cedex 01 T: Legal Aid: Bureau d'aide Juridictinnelle, 1 quai de Crse, Paris. OMBUDSMEN Le Défenseur des drits Defender f Rights Le Défenseur des drits (the Defender f Rights) is an independent cnstitutinal authrity that enfrces the rights and freedms f any persn. S/he is nminated by thepresident f the Republic. The Defender f Rights replaces the Ombudsman, HALDE (Antidiscriminatin and racism bdy) and the CNDS (Natinal ethics cmmittee n security) as f 1 May It aims t prtect childrens and human rights, prtect against discriminatin and is als aimed at plicing any legal/ethical imprpriety by thse persns invlved in the security f the cuntry, e.g. the plice, prisn fficers, custms agents, private security agencies, etc. T: +33 (0) , rue Saint-Flrentin, Paris NGOs LEGAL ADVICE Cnseil departemental de l'acces au drit de Paris SOS Avcats This rganisatin specialises in prviding Pr-bn Legal advice t clients. A telephne service manned by lawyers t answer general legal questins. Phne calls are charged at 0.15/minute. Otherwise, it is a free service. 4, bd du Palais Paris cces-au-drit-et-a-la-justice- 2/cnsultatins- gratuites/125- particulier/acces-au-drit-eta-la-justice/316.html T: (frm France) HUMAN RIGHTS Observatire internatinal des prisns Internatinal Observers f Prisn Ligue des Drits de l Hmme French Human Rights League OIP is an independent rganisatin with cnsultative status with the UN. It campaigns fr the fundamental rights f prisners including better cnditins in prisns. It als wrks t ensure prisners are aware f their rights. OIP prvides its publicatins, such as it s Prisner s Guide, fr free t prisners. Infrmatin fr prisners is als available n the website and yu can sign up t their newsletter fr free. Independent rganisatin prmting and campaigning fr human rights and equality. E: cntact@ip.rg T: +33 (0) F: +33 (0) OIP Sectin Française 7 bis rue RIQUET Paris E: ldh@ldh-france.rg T: +33 (0) F: +33 (0) rue Marcadet, Paris 12

13 GENERAL ADVICE FOR PRISONERS Assciatin Natinale des Visiteurs de Prisn (A.N.V.P.) The Assciatin f Prisn Visitrs F.A.R.A.P.E.J. Fédératin d Assciatins pur Réfléchir et Agir sur la Prisn et la Justice Assciatin f Prisn and Justice actin grups F.N.A.R.S. Fédératin natinale des assciatins d'accueil et de réinsertin sciale Assciatin f scial welfare grups Securs Cathlique Cathlic Relief A charity which rganises a team f vlunteers t travel t French prisns t prvide mral/technical supprt t the prisners / thse accused f crimes. Their gal is t prvide assistance t prisners and their families during their time in prisn and t assist prisners with their rehabilitatin int sciety when released. A federatin f charitable and vlunteer rganisatins wrking tgether n issues cncerning prisns. There are 60 rganisatins acrss France, made up f apprximately 3000 vlunteers and 300 emplyees. FARAPEJ helps trains vlunteers in its member rganisatins and publishes a magazine (Prisn Justice). It als aims t intervene in public debate n issues cncerning prisns and justice. Federatin bringing tgether 870 rganisatins and public bdies t assist the rehabilitatin and reintegratin f prisners and ther disadvantaged persns. The federatin is cncerned with all aspects f the scial sectr and includes rganisatins cncerned with husing, emplyment, training and health. Althugh it s head ffice is in Paris, the FNARS has 22 ffices all ver France. Securs Cathlique has 84reginal teams specialising in helping and supprting prisners and their families. It is particularly active in highlighting and trying t cunteract the pverty that affects almst all the prisners and prisns in France. It als prvides financial assistance and is cmmitted t defending the dignity and rights f prisners.. Website partially available in English. E: accueil@anvp.rg T: +33 (0) F: +33 (0) bis, rue du Paradis, Paris E: farapej@farapej.fr T: +33 (0) F: +33 (0) rue de la Flie Régnault, Paris E: fnars@fnars.rg T : +33 (0) F : +33 (0) rue du Fauburg Saint- Denis, Paris T : +33 (0) rue du Bac, Paris Cedex 07 PRISONER WELFARE Auxilia Initiatin et frmatin des détenus à l infrmatique Charitable rganisatin ffering educatin (knwledge r skills training) t prisners and certain thers in difficult situatins in rder t prepare them fr their reintegratin int sciety. CLIP aims t give prisners a teaching tl that allws them t aid their wn recvery, as well as prviding mral supprt. Organisatin prviding cmputer training t prisners with a view t aiding their rehabilitatin and reintrductin t sciety. E: auxiliab@club-internet.fr T: +33 (0) F: +33 (0) , rue d'aguesseau Bulgne-Billancurt T: +33 (0) F: +33 (0) Le Currier de Bvet Assciatin natinale de crrespndence avec les détenus Prisn Letters A charitable assciatin that prvides mral supprt t prisners by prviding penpals. It aims t help prisners re-establish a link t the utside wrld in rder t prvide them with mral supprt and t prepare them fr their reintegratin int sciety.. The rganisatin als actively seeks vlunteers wh speak ther languages. Prisners can currently crrespnd with a vlunteer in German, English, Spanish, Greek, Hebrew, Italian, rue Charles Furier, Paris bvet.pers.neuf.fr E: secretariat@currierdebvet.rg 13

14 Japanese, Dutch, Czech, Plish, Prtuguese, Rmanian, Russian, Slvenian, and Swedish. Freign prisners: ebvet.rg G.E.N.E.P.I. Grupement étudiant natinal d'enseignement aux persnnes incarcérées Natinal Student Assciatin fr the educatin f prisners GENEPI is a charity made up f higher-educatin students whse aim is t assist the rehabilitatin and reintegratin f prisners int sciety by - teaching in prisns; and - raising public awareness f the prblems facing prisners.. T: +33 (0) Freign prisners: +33 (0) F: +33 (0) Le Currier de Bvet, BP 70039, Paris CEDEX 15 E: president@genepi.fr T: +33 (0) F: +33 (0) , rue Charles Furier, Paris PRISONERS FAMILIES UFRAMA Unin natinale des fédératins réginales des assciatins de maisns d accueil de familles et prches de persnnes incarcérées Natinal federatin f reginal nn-prfit rganisatins with the aim f develping initiatives in rder t help maintain families ties with prisners Natinal federatin f reginal nn-prfit rganisatins with the aim f develping iniatives in rder t help maintain families ties with prisners. The UFRAMA s purpse is t help maintain family ties by creating a netwrk t share experiences between the rganisatins. UFRAMA als identifies issues affecting the rights f prisners families and liaises with ther grups cncerned with prisners and their families. uframa.list.biz E: uframa@wanad.fr T: +33 (0) F: +33 (0) , Bridge Passage Amilin, Saintes Fair Trials wuld like t thank the law firms and individual practitiners wh have generusly given their time and expertise t help prduce these legal guidance ntes. Fr a full list f ur funders see 14

15 Fair Trials aims t help peple accused f crimes t understand and exercise their fair trial rights by prviding infrmatin and referrals. We d nt charge fr any f ur assistance. If yu cmplete this frm, we may be able t: - Send yu general infrmatin, including advice abut the lcal legal system that culd be helpful t yu; - Prvide answers t any specific questins yu might have; and - Refer yu t lcal surces f supprt (fr example, referrals t lcal lawyers, if apprpriate). We cannt prvide any legal advice r representatin that is specific t yur case, and we are als unable t prvide any welfare supprt r financial assistance. Please fill ut this frm and send it back t: By Pst: Fair Trials, Temple Chambers, 3/7 Temple Avenue, Lndn, EC4Y 0HP, United Kingdm By Fax: +44 (0) All infrmatin will be treated cnfidentially, and in accrdance with ur privacy ntice set ut verleaf. A) Persnal Infrmatin Full Name Natinality Yur current address (yur prisn address, if yu are in custdy) Prisner Number (if applicable) B) Legal Representatin Wuld yu like referrals t lcal lawyers? Yes N Are yu able t pay fr a lawyer? Yes N Depending n the cuntry, yu may nt be able t chse yur wn specific lawyer, if yu cannt pay fr ne. C) Fair Trials Hw did yu hear abut us? Hw did yu receive this frm? If yu have already seen any f ur materials (e.g. Arrested Practical Guidance ), please let us knw, and tell us which yu have seen. 15

16 D) Further Infrmatin / Questins We have printed materials n a range f tpics where we are mst ften asked fr help. Please tick n any f the fllwing tpics n which yu wuld like further infrmatin. Applying fr Release Pending Trial Prisner Transfers The Eurpean Arrest Warrant ( EAW ) Criminal Recrds in the Eurpean Unin INTERPOL Red Ntices Use the space belw t: - Request clarificatins n any infrmatin frm us that yu have already seen; - Highlight any specific infrmatin, r referrals that yu believe culd be helpful t yu; and - Give us feedback r cmments Please be specific with any questins r requests yu have. E) Nminated Cntact It can smetimes be difficult fr Fair Trials get in tuch directly with peple in prisn. In such cases, it can be helpful if we are prvided with the name and cntact f a family member r a friend whm yu are happy t nminate as Fair Trials pint f cntact. Please prvide their details belw: Full Name: Relatinship t yu: Address: Telephne: F) Privacy Ntice We cllect infrmatin abut yu when yu cmplete and return this frm. We use this infrmatin t assist yu and therwise prvide supprt in relatin t yur case. Fair Trials will retain yur infrmatin fr up t six years after: 1) if we are ntified abut the end f yur legal prceedings, frm the date f ntificatin; r 2) if we are nt ntified, the date f the last crrespndence with yu abut yur case. Fr mre infrmatin abut hw we handle yur persnal infrmatin, please see the privacy plicy n ur website ( Please sign here t cnfirm that yu have read and agree t the Privacy Ntice in this frm. Full Name:.. Signature:. 16