Questionnaire France
I.44 Does the public prosecutor request or suggest which sentence the court should impose at the end of the court trial?
At the conclusion of the hearings, the public
prosecutor must be heard in an oral submission (sects. 346 and 458 CCP). These
submissions indeed contain a proposal for a penalty to the court. This proposal
is never binding for the judge. This proposal takes into account the gravity of
the facts, the behaviour and personality of the offender and the existence of
aggravating circumstances. Furthermore, the prosecutor will have to give an
opinion on how to deal with interdictions and additional penalties.
