Appearance on prior admission of guilt (CRPC) or "pleading guilty" is provided for in Article 495-7 of the Code of Criminal Procedure.
This is an expedited procedure whereby the suspect admits to the charges brought against them before the public prosecutor, who will then propose one or more penalties.
The sentence proposed by the public prosecutor during the appearance on prior admission of guilt
A guilty plea is very often proposed at the end of police custody (GAV) for all kinds of offenses, with the exception of certain ones such as manslaughter or sexual assault. This is why you should contact a criminal defense attorney as soon as possible at the beginning of your police custody to decide, with their advice, whether or not to admit to the charges against you.
Once police custody has ended, the suspect is brought before the public prosecutor, who may decide to initiate a CRPC procedure by offering one or more reduced sentences in exchange for the suspect's admission of guilt.
With regard to reduced sentences, these can be particularly attractive. For example, the prosecutor may propose a prison sentence that is half the length of what would be imposed at the end of a trial.
The decision of the defendant during the hearing on prior admission of guilt
The prosecutor's proposal does not have to be accepted immediately; the suspect has 10 days to respond.
The purpose of this period is to allow the suspect to review the proposal with their lawyer.
It is important to think carefully before accepting the proposed sentence. Many people decide to accept a sentence proposed as part of a guilty plea in order to avoid a trial, which can be long and costly. It is therefore very important to seek advice from your criminal lawyer beforehand and not to make any hasty decisions.
Acknowledgment of the facts
Rest assured, if you have decided to admit the facts in this proceeding but are not satisfied with the penalties proposed by the public prosecutor, you can back out.
It is also not surprising that a suspect would only contact a criminal defense attorney after being released from police custody, once they have already admitted to the charges against them. In this case, if you change your mind after speaking with your attorney, you can reverse your decision.
If the CRPC fails, the proceedings immediately become a trial in accordance with Article 495-12 of the Code of Criminal Procedure. However, the public prosecutor will not be able to refer to any statements you may have made, particularly any admission of guilt. The only information that the public prosecutor may disclose is that a CRPC procedure was proposed but failed.(Crim. April 16, 2019, Appeal No. 18-83.59)
If the suspect decides to accept the sentence proposed by the public prosecutor, he or she will be brought before the president of the judicial court so that the latter can "approve" the sentence in accordance with Article 495-11 of the Code of Criminal Procedure.
The judge's approval of the sentence
Approval is the judge's decision to give enforceable effect to the proposal of the public prosecutor, and it has the same effect as a conviction. Consequently, the conviction will be entered in the defendant's criminal record. The judge will note that the person concerned has acknowledged the charges against them and has accepted the proposed sentence(s) in the presence of their lawyer.
The approval order is immediately enforceable and may be appealed within 10 days of the approval hearing. It should be noted that you can discuss this possibility with your criminal lawyer, as, once again, you can reverse your decision even at this stage of the proceedings. Your lawyer will carry out the procedural steps and take the necessary action to appeal the approval.
However, if you decide to appeal the approval order, the Court of Appeals may review all information relating to the guilty plea hearing that took place.
Refusal to approve the sentence accepted by the defendant
It is important to note that the judge may refuse to approve the proposed sentence if he considers that the nature of the facts, the personality of the person concerned, the situation of the victim, or the interests of society justify an ordinary criminal hearing. (Constitutional Court, March 2, 2004)
The judge may refuse to approve the sentence accepted by the defendant. In this case, the defendant will be referred to a trial court or an investigating judge.
In any event, statements and documents produced as part of the CRPC procedure may not be referred to during the criminal hearing.
In this case, you will need to contact a lawyer specializing in criminal law, as the procedure is different and your defense will also be different.
The role of the attorney in guilty plea proceedings
A lawyer is mandatory in the context of a guilty plea hearing.
Therefore, the defendant will not be able to benefit from this procedure in the absence of his criminal defense attorney.
Since this is a criminal proceeding, you will need to seek assistance from a lawyer specializing in criminal law.
Your criminal lawyer will then be able to request a copy of the criminal case file. Once the file has been obtained, they will be able to study it and check that there are no procedural flaws or invalidities.
Please feel free to contact the law office of Avner DOUKHAN.
See also: police custody, fraud, domestic violence