Questionnaire France

I.33 Under which circumstances?

If the facts that appeared during the hearing were contained in the charge, the judges can change the qualification and invite the offender to give some explanations about this change. When a new element appears during the hearing, the judges can change the qualification but the offender has to accept a discussion on this element, so that the contradiction principle can remain effective. If the facts were not contained in the charge, the judges must use the immediate hearing proceedings (comparution immédiate, Sects. 388 and 395 CCP).