Book II: Trial Courts

For all offences, with the exception of those mentioned in article 495-16 and the offences of wilful and involuntary bodily harm and sexual assault provided for in articles 222-9 to 222-31-2 of the Penal Code when they are punishable by a prison sentence of more than five years, the public prosecutor may, of his own motion or at the request of the person concerned or his lawyer, use the procedure…

The 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…

When, in the presence of his lawyer, the person accepts the proposed sentence or sentences, he is immediately brought before the president of the judicial court or the judge delegated by him, to whom the public prosecutor has referred a request for homologation. If the person is not detained, he may be summoned before the president of the judicial court or the judge delegated by him within a period of…

Where the person requests to benefit, before deciding on the proposal made by the public prosecutor, from the period provided for in the penultimate paragraph of Article 495-8, the public prosecutor may bring the person before the liberty and custody judge so that the latter can order that the person be placed under judicial supervision, under house arrest with electronic monitoring or, exceptionally and if one of the proposed sentences…

The order by which the president of the judicial court or the judge delegated by him decides to homologate the proposed sentence or sentences is motivated by the findings, on the one hand, that the person, in the presence of his lawyer, acknowledges the acts of which he is accused and accepts the sentence or sentences proposed by the public prosecutor, and on the other hand, that this sentence or…

Without prejudice to cases in which the conditions set out in the first paragraph of article 495-11 are not met, the president may refuse homologation 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 correctional hearing or when the statements of the victim heard pursuant to article 495-13 shed new light…

Where the person declares that he or she does not accept the proposed sentence or sentences, or where the president of the judicial court or his or her delegate issues an order refusing homologation, the public prosecutor shall, unless there is new information, refer the matter to the criminal court in accordance with one of the procedures set out in Article 388 or requests that an investigation be opened. When…