Questionnaire France

I.29 Who gives his consent in case of a simplified procedure?

The offender to whom the composition pénale is proposed is informed that he can be assisted by a lawyer before giving his consent to the district prosecutor’s proposal. This consent to these measures of mediation is recorded in an official record. If the offender does not accept the mediation or, after having given his consent, does not fully comply with the measures decided on, or when the judiciary approval required is not given, the district prosecutor decides what further action is to be taken. Regarding the plaider-coupable or plea bargaining (sect. 495-7 CCP), the offender can ask for the use of this procedure. The prosecutor receives the offender’s own declaration of guilt and proposes a penalty to this person: if the offender accepts the penalty, the judge can approve the penalty and his decision will be read during a public hearing. If the judge refuses to approve the punishment, the public prosecutor will then initiate prosecution according to the normal rules.