Why a case is sent for immediate trial
The procedure applies to certain offences committed by an adult where the prosecutor considers that there is sufficient evidence and that the case is ready for trial. It follows police custody and referral to the prosecutor; it is not available for minor regulatory offences or for crimes tried by the higher criminal courts.
The stated charge, referral record, file material available to the lawyer and expected hearing time should be obtained immediately. Speed does not remove the need to identify procedural objections, the disputed facts and any claim made by the victim.
Choosing between an immediate hearing and time to prepare
The defendant is represented by a lawyer at the hearing. The defendant may agree to be tried at once or ask for an adjournment to prepare the defence. This is not simply a choice between speed and delay; it depends on how well the file is understood, what enquiries remain necessary and whether useful evidence can be obtained.
An adjournment does not automatically mean release. The court may decide the defendant’s position until the next hearing, including whether judicial supervision, electronically monitored residence or pre-trial detention is justified under the applicable rules.
Gathering evidence in a useful order
The defence on the allegation and the account of personal circumstances address different questions. For the allegation, identify the key records, disputed statements, witnesses, images or documents requiring checks. For personal circumstances, use only recent and verifiable evidence.
Urgent checklist: dated accommodation evidence and the host’s identification; employment contract, payslips or training confirmation; strictly relevant medical evidence; documents concerning children or dependants; transport arrangements; and details of someone able to confirm the proposed accommodation or activity.
Preparing for the hearing and its possible outcomes
The hearing follows the ordinary structure of a tribunal correctionnel trial: identity and procedural issues, examination of the allegation, the civil claimant’s case, the prosecutor’s submissions and the defence. Requests about guilt, sentence and liberty should be kept distinct.
After judgment, obtain or preserve the decision, identify any measure taking immediate effect and record when a possible appeal period begins. If the case is adjourned, the new date and every interim obligation must be understood promptly.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
Can the defendant refuse to be tried on the same day?
Yes. An immediate trial requires the defendant’s agreement in the presence of a lawyer. The defendant may request an adjournment to prepare, while the court decides separately what restrictions, if any, apply until the next hearing.
Does an adjournment automatically lead to pre-trial detention?
No. The court separately assesses the appropriate interim measure. The decision depends on the file, the grounds relied on and the concrete assurances presented.
Can the victim seek compensation at an immediate trial?
A victim notified of the hearing may join as a civil claimant and seek damages. If the civil claim cannot be decided immediately, it may be listed for a separate hearing.