French Code of Criminal Procedure
In forceThe public prosecutor may propose that the person serve one or more of the principal or additional penalties incurred; the nature and quantum of the penalty or penalties shall be determined in accordance with Articles 130-1 and 132-1 of the Penal Code.
Where a prison sentence is proposed, its duration may not exceed three years or half of the prison sentence incurred. The public prosecutor may propose that all or part of the sentence be suspended. He may also propose that it be subject to one of the measures listed in article 712-6. If the public prosecutor proposes a custodial sentence, he or she will tell the person whether he or she intends this sentence to be carried out immediately or whether the person will be summoned before the sentence enforcement judge to determine how it will be carried out, including semi-liberty, work release or home detention under electronic monitoring.
When a fine is proposed, the amount of the fine may not exceed the amount of the fine incurred. It may be suspended.
The public prosecutor may propose that the proposed prison sentence revoke any suspended sentences previously granted. He may also propose the lifting of a prohibition, disqualification or incapacity resulting ipso jure from the conviction, pursuant to the second paragraph of article 132-21 of the Criminal Code, or the exclusion of the mention of the conviction from bulletin no. 2 or no. 3 of the criminal record pursuant to articles 775-1 and 777-1 of this code.
Statements in which the person admits the acts of which he or she is accused are taken, and the proposed sentence is made by the public prosecutor, in the presence of the person's lawyer chosen by him or her or, at his or her request, appointed by the President of the Bar Association, the person concerned being informed that the costs will be borne by him or her unless he or she qualifies for legal aid. The person concerned may not waive their right to be assisted by a lawyer. The lawyer must be able to consult the case file immediately.
The person may freely confer with their lawyer, without the public prosecutor being present, before making their decision known. He or she is advised by the public prosecutor that he or she may request a period of ten days before making known whether he or she accepts or rejects the proposed sentence or sentences.
The public prosecutor may, before proposing a sentence in accordance with the provisions of the fifth paragraph of this article, inform the person or his lawyer by any means of the proposals he intends to make.
