Immediate trial in France (comparution immédiate): what happens and what you can ask for

When the prosecutor considers prosecuting you through an immediate trial, he orders that you be brought before him (déferrement). He must, where appropriate, inform you of your right to an interpreter, check your identity, tell you the facts you are accused of and their legal qualification, and inform you of your right to a lawyer of your choice or a duty lawyer. Your lawyer can consult the file immediately and speak with you freely. You are told that you have the right to make statements, to answer questions or to remain silent. Your lawyer can then make observations, in particular on the lawfulness of the procedure and the qualification of the facts (article 393 of the French code of criminal procedure).

After that, the prosecutor decides. He can choose an immediate trial, but also, for example, a summons to appear at a later date, or ask for a judicial investigation.

The prosecutor can bring you before the court the same day:

• if the maximum prison sentence for the offence is at least two years, the evidence gathered is sufficient and the case is ready to be tried;
• in the case of an offence caught in the act (flagrant délit), if the maximum prison sentence is at least six months (article 395).

You are held until you appear, which must take place the same day, and you are escorted to the court (same article). The procedure does not apply to minors (article 397-6).

If the court cannot sit the same day and the prosecutor considers detention necessary, you can be brought before the liberty and custody judge (juge des libertés et de la détention). That judge can order detention until the hearing, or place you under judicial supervision or house arrest with electronic monitoring. You must then appear before the court no later than the third working day. Otherwise you are released (article 396).

This is the key moment. The president of the court must warn you that you can only be tried the same day if you agree. Your agreement can only be given in the presence of your lawyer, or of a duty lawyer appointed at your request (article 397).

If you agree, the case is tried at once.

If you refuse, or if the case does not seem ready to be tried, the court adjourns it to a later hearing, which must take place within four to ten weeks unless you expressly waive the minimum delay. You or your lawyer can ask the court to order any investigative step needed to establish the truth about the facts or about your personal situation. If the court refuses, it must give reasons (article 397-1).

Which choice is better depends on the file: the evidence, what can still be gathered, your personal situation and the risk of detention in the meantime. It is a decision to take with your lawyer, after reading the file.

When the case is adjourned, the court can leave you free, place you under judicial supervision (contrôle judiciaire) or house arrest with electronic monitoring, or, by a specially reasoned decision, place or keep you in pre-trial detention. If you are detained, the judgment on the merits must be given within three months of your first appearance before the court. Otherwise detention ends (article 397-3).

Judicial supervision can include obligations that weigh heavily on someone who lives abroad, such as not leaving set territorial limits or handing over your passport. Our French page on judicial supervision explains these obligations. In practice, being able to show where you will stay and how you can be reached helps your lawyer argue for your release.

If the court imposes an unsuspended prison sentence, it can, by a specially reasoned decision, order you to be taken into or kept in detention, whatever the length of the sentence (article 397-4).

You can appeal. The deadline is ten days from the date of a judgment given in your presence (article 498). If you are detained and you appeal the judgment on the merits, the court of appeal must rule within four months. Otherwise you are released, unless you are detained for another reason (article 397-4).

If you do not understand French, you are entitled to an interpreter at every stage, including at the hearing. See our page on your right to an interpreter.

Our firm is a criminal defence practice registered with the Nice bar. We act in Nice, usually before the court of Grasse, and anywhere in France. In an immediate trial, the lawyer's work is concentrated into a few hours: reading the file, checking the procedure, advising you on whether to accept same-day trial, and preparing your personal situation to avoid detention. Our French page on comparution immédiate gives more detail.

If a relative or friend is in this situation, call us as early as possible: +33 4 22 13 03 54. Our firm works mainly in French; if you do not speak French, tell us and we will arrange for an interpreter. You can read our fees page, in French.

Can I refuse to be tried the same day?

Yes. The court must warn you that you can only be tried the same day with your agreement, given in the presence of a lawyer. If you refuse, the case is adjourned to a hearing within four to ten weeks, unless you waive the minimum delay.

Can I be kept in detention until the new hearing?

Yes, by a specially reasoned decision of the court. The court can also release you, possibly under judicial supervision or house arrest with electronic monitoring.

I do not live in France. Can I go home before the hearing?

That depends on the court's decision. It can forbid you to leave set limits or take your passport. Ask your lawyer before you travel.

How long do I have to appeal?

Ten days from a judgment given in your presence.

Does comparution immédiate apply to minors?

No.

The code of criminal procedure is to be reorganised from 1 January 2029 by ordinance no. 2025-1091 of 19 November 2025. The article numbers above are those in force on 5 November 2026.