The Comparution sur Reconnaissance Préalable de Culpabilité (CRPC) is an alternative procedure to a criminal trial that allows certain offences to be dealt with more quickly when the accused, who must be an adult, admits the alleged offence.

Who may be subject to a CRPC?

Any adult who admits having committed the offence for which they are being prosecuted.

Which offences are eligible?

A CRPC may only be used for misdemeanours (délits), with the exception of:

• Offences punishable by more than five years' imprisonment (such as sexual assault or certain violent offences);
• Press offences (such as defamation or insult);
• Involuntary homicide offences and political offences.

How does the CRPC procedure work?

A CRPC may be proposed by the Public Prosecutor or the investigating judge. It may also be requested by the accused or their lawyer.

The procedure consists of three stages: the prosecutor's sentencing proposal, the accused's decision, and judicial approval.

Step 1: The sentencing proposal

The accused is summoned before the Public Prosecutor.

Representation by a lawyer is mandatory. The lawyer may negotiate the proposed sentence, suggest an alternative, and support their proposal with documents prepared in advance together with the accused.

The prosecutor first confirms that the accused still admits the offence and then proposes one or more of the following penalties:

• A prison sentence of no more than three years or one-half of the maximum sentence provided by law;
• A fine not exceeding the maximum statutory amount;
• One or more additional penalties.

A suspended sentence may also be proposed.

Step 2: The accused's decision

Before making a decision, the accused may consult freely with their lawyer.

The accused may:

• Accept the proposal, in which case the prosecutor refers the matter to the court for an approval hearing (Step 3);
• Reject the proposal, in which case the prosecutor refers the case to the Criminal Court for an ordinary trial;
• Request time to consider the proposal. During this period, the accused may be placed under judicial supervision, electronic monitoring, or pre-trial detention.

Step 3: Judicial approval

The accused and their lawyer are then heard by a judge, usually on the same day.

The judge may:

• Approve the proposed sentence by issuing an approval order, which is immediately enforceable, although an appeal may be lodged within ten days;
• Refuse to approve the proposal, in which case the prosecutor refers the case to the Criminal Court for an ordinary trial.

The Victim's Role in a CRPC

The victim must be informed that a CRPC procedure has been initiated.

The victim may join the proceedings as a civil party and seek compensation for their losses before or during the approval hearing.

Although legal representation is not mandatory for the victim, it is strongly recommended.

Your Criminal Defense with Maître Lois Pamela LESOT

Have you been summoned to appear in a CRPC proceeding?
Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – lesot@loispamelalesot.com

The firm represents clients throughout every stage of criminal proceedings, from police custody to trial and any subsequent proceedings, including applications for the expungement of criminal records.

Article date: March 23, 2023 | By Loïs Pamela Lesot