Rights of Defendants and Due Process
French criminal justice, rooted in inquisitorial tradition, has evolved to incorporate substantial defendant rights, particularly under European influence.
Pre-Trial Rights
The investigation phase provides crucial protections:
Right to Counsel: Since 1993 reforms, suspects have right to lawyer presence during initial police custody (garde à vue), though with limitations: - 30-minute consultation at custody's start - Lawyer presence during interrogations (since 2011) - Restrictions possible for serious crimes
Custody Limits: Strict time limits govern detention: - 24 hours initially, renewable once - Extended to 96 hours for serious crimes - 144 hours for terrorism cases - Judicial oversight required for extensions
Right to Silence: Suspects must be informed of right not to answer questions, though French culture traditionally viewed silence suspiciously.
Medical Examination: Right to medical exam during custody protects against mistreatment.
Notification Rights: Family notification required unless investigation necessitates secrecy.
The Investigating Magistrate
The juge d'instruction embodies the inquisitorial system's distinctive approach:
Dual Role: Investigates both incriminating and exculpatory evidence, seeking truth rather than building prosecution case.
Powers: Extensive investigative authority: - Ordering searches and seizures - Compelling testimony - Ordering expert examinations - Deciding pre-trial detention
Defense Rights: During instruction phase: - Access to investigation file - Right to request investigative acts - Adversarial hearings before detention decisions - Appeals from magistrate's decisions
Decline: Only 3-4% of cases now involve investigating magistrates, with most handled through prosecutor-led investigations.
Trial Rights
French trials, whether before professional judges or mixed courts, guarantee fundamental rights:
Presumption of Innocence: Constitutionally protected and reinforced by legislation: - Burden of proof on prosecution - Doubt benefits defendant - Media restrictions on portraying suspects as guilty
Public Trial: Open justice principle with exceptions for minors or state security.
Adversarial Debate: Despite inquisitorial roots, trials feature adversarial presentation of evidence and argument.
Right to Defense: Absolute right to lawyer representation with legal aid for indigent defendants.
Reasoned Decisions: Judges must provide detailed written reasons for convictions and sentences.
Appeal Rights: Broad appeal rights including: - Full review of facts and law in most cases - Cassation appeal on legal grounds - Reformatio in peius limits (appeals court cannot worsen situation)
Recent Reforms and Challenges
Defendant rights continue evolving:
European Influence: European Court of Human Rights decisions drive reforms: - Enhanced lawyer access during custody - Stricter custody conditions - Recording requirements for interrogations
Victims' Rights: Balancing defendant and victim rights creates tensions: - Victim participation in proceedings - Civil party rights during criminal trials - Restorative justice initiatives
Efficiency Pressures: Case backlogs generate pressure for expedited procedures: - Guilty plea procedures (CRPC) introduced in 2004 - Immediate trial procedures with reduced preparation time - Prosecutorial discretion expansion
Terrorism Challenges: Security concerns test rights commitments: - Extended custody periods - Special courts with professional judges only - Enhanced surveillance powers - Administrative detention debates