French Code of Criminal Procedure
In forceIn the cases provided for in article 395, if there are sufficient charges against the person to bring him before the criminal court, but the case is not ready to be tried under the immediate appearance procedure because the results of requisitions have not yet been obtained, technical or medical examinations already requested, the public prosecutor may, if the accused is assisted by a lawyer chosen by him or appointed by the President of the Bar, prosecute him before the criminal court under the deferred appearance procedure in accordance with the provisions of this article.
In accordance with the provisions of article 396, the accused shall be brought before the liberty and custody judge, who shall rule on the prosecutor's request for judicial supervision, house arrest with electronic surveillance or pre-trial detention, after hearing any observations from the accused or his lawyer. The public prosecutor's request shall specify the reasons justifying the use of the present procedure, indicating, if applicable, the actions in progress, the results of which are expected. Pre-trial detention may only be ordered if the prison sentence is three years or more. The order issued may be appealed within ten days to the Investigating Chamber.
The order prescribing judicial supervision, house arrest with electronic surveillance or pre-trial detention, issued under the conditions and in accordance with the procedures set out in Article 396, sets out the charges and refers the case to the court; it is notified orally to the accused and mentioned in the official report, a copy of which is given to him immediately. The accused must appear before the court within two months at the latest, failing which the judicial supervision, house arrest with electronic surveillance or pre-trial detention will be terminated automatically.
If the accused placed under judicial supervision or under house arrest with electronic surveillance evades the obligations imposed on him, the provisions of the second paragraph of article 141-2 and article 141-4 are applicable; the powers conferred on the investigating judge by the same articles 141-2 and 141-4 are then exercised by the public prosecutor.
The minutes or other documents resulting from the requisitions, technical or medical examinations mentioned in the first paragraph of this article shall be placed in the case file as soon as they have been completed and made available to the parties or their counsel.
Until the judgment hearing, the accused or his lawyer may ask the president of the court to carry out any act that they consider necessary to establish the truth, in accordance with the provisions of article 388-5, the second to last paragraphs of which are applicable. If the accused is detained, the request may be made by means of a declaration to the head of the prison. This declaration is recorded and dated by the head of the prison, who signs it, as does the applicant. If the latter is unable to sign, this is noted by the head of the establishment.
For the implementation of the delayed appearance procedure, the presentation of the person before the public prosecutor provided for in article 393 as well as his presentation before the liberty and custody judge provided for in the second paragraph of this article may take place in a place other than the court if the state of health of this person does not allow him to be transported there.
When the provisions of this article are applied, the victim shall be notified by any means. He or she may then join as a civil party and file requests for acts in accordance with article 388-5.
