Paragraph 3: Summons to appear, immediate appearance and deferred appearance

In criminal matters, when the public prosecutor is considering prosecuting a person pursuant to articles 394,395 and 397-1-1, the public prosecutor shall order that the person be brought before him. After informing the person, if necessary, of their right to be assisted by an interpreter, establishing their identity and informing them of the charges against them and their legal classification, the public prosecutor informs them that they have the right…

If the public prosecutor proceeds as stated in articles 394 to 396 and in article 397-1-1, the victim must be notified by any means of the date of the hearing. Article 391 is applicable.

The public prosecutor may invite the defendant to appear before the court within a period of not less than ten days, unless the defendant expressly waives this in the presence of his lawyer, and not more than six months. The accused is notified of the charges against him or her, as well as the place, date and time of the hearing. The accused person is also informed that he or…

If the maximum term of imprisonment provided for by law is at least equal to two years, the public prosecutor, where it appears to him that the charges brought are sufficient and the case is ready for trial, may, if he considers that the elements of the case justify an immediate appearance, bring the accused before the court forthwith. In the case of a flagrant offence, if the maximum term…

In the case provided for in the previous article, if it is impossible for the court to meet on the same day and if the elements of the case appear to him to require a measure of provisional detention, the public prosecutor may bring the accused before the juge des libertés et de la détention, ruling in chambers with the assistance of a court clerk. The judge, after having carried…

When the case is referred to the court pursuant to articles 395 and 396, third paragraph, the presiding judge establishes the identity of the accused, his lawyer having been notified. He warns the accused that he may only be tried on the same day with his agreement; however, this agreement may only be obtained in the presence of his lawyer or, if the latter is not present, a lawyer appointed…

If the accused does not consent to be tried forthwith or if the case does not appear to be ready for trial, the court, after hearing the submissions of the parties and their counsel, remits the case to a future hearing which must take place within a period of not less than two weeks, unless the accused expressly waives this, and not more than six weeks. Where the penalty incurred…

In 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…

In all the cases provided for in this paragraph 3, the court may, at the request of the parties or of its own motion, assign by judgment one of its members or one of the investigating judges of the court appointed under the conditions of the first paragraph of Article 83, to proceed with additional information; the provisions of Article 463 shall apply. The court may, under the same conditions,…

If it appears that the person brought before it is a minor, the court refers the case to the public prosecutor. In the case of a minor of at least thirteen years of age, the court shall first rule, after hearing the public prosecutor’s submissions and the observations of the minor and his or her lawyer, on whether the minor should be remanded in custody or kept in custody until…