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Article 391 of the French Code of Criminal Procedure

Any person who has lodged a complaint is notified by the public prosecutor of the date of the hearing. When the victim does not understand the French language, he or she is entitled, at his or her request, to a translation of the notice of hearing. Exceptionally, an oral translation or an oral summary may be provided. Where the notice of hearing has been sent to the victim but it…

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Article 392-1 of the French Code of Criminal Procedure

When the civil party’s action is not joined to that of the public prosecutor, the criminal court sets, according to the resources of the civil party, the amount of the deposit that the latter must, if it has not obtained legal aid, deposit at the court registry and the time limit within which it must be made on pain of non-admissibility of the direct summons. This deposit guarantees payment of…

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Article 393 of the French Code of Criminal Procedure

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…

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Article 394 of the French Code of Criminal Procedure

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…

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Article 395 of the French Code of Criminal Procedure

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…

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Article 396 of the French Code of Criminal Procedure

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…

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Article 397 of the French Code of Criminal Procedure

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…

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Article 397-1 of the French Code of Criminal Procedure

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…

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