Criminal defence lawyer at the Paris Judicial Court

The Paris Judicial Court (tribunal judiciaire de Paris) sits at Parvis Robert Badinter, 29-45 avenue de la Porte de Clichy, 75017 Paris (postal address: Parvis Robert Badinter, 75859 Paris Cedex 17; switchboard: +33 1 44 32 51 51).

It is easy to reach by public transport:

• Porte de Clichy station, served by metro lines 13 and 14 and by the RER C, with an entrance on the court's forecourt;
• tram T3b and several bus lines, Porte de Clichy stop;
• by car, exit Porte de Clichy from the outer ring road (périphérique extérieur) or Porte d'Asnières from the inner ring road (périphérique intérieur).

Its territorial jurisdiction covers the whole city of Paris, and it is one of the nine judicial courts within the area of the Paris Court of Appeal. Under art. 382 of the Code of Criminal Procedure, the criminal court (tribunal correctionnel) with jurisdiction over an offence (délit) is that of the place where the offence was committed, of the defendant's residence or of the place where the defendant was arrested or detained: the Paris court therefore has jurisdiction, in particular, over an offence committed in Paris or over a suspect arrested in Paris. Besides its general criminal chambers, the court has specialised chambers and investigation services, notably for organised crime (JIRS), terrorism, economic and financial offences and crimes against humanity, as well as a police court (tribunal de police) for minor offences (contraventions).

Police custody (garde à vue) may not exceed 24 hours. It may be extended once, for up to a further 24 hours, on the prosecutor's written and reasoned authorisation, where the offence is punishable by at least one year of imprisonment (art. 63 of the Code of Criminal Procedure). Special rules allow longer custody for certain offences, such as organised crime and terrorism (art. 706-88 and following).

From the start of custody, the person must be informed of their rights in a language they understand; if they do not understand French, the rights are notified through an interpreter (art. 63-1). They also receive a written statement of rights in a language they understand, which they may keep throughout the detention (art. 803-6). The Code of Criminal Procedure provides in particular:

• the assistance of an interpreter until the end of the proceedings, including for meetings with the lawyer linked to an interview or a hearing, and the translation of the documents essential to the defence, unless expressly waived (preliminary article, art. 803-5 and D594-6);
• the right to have a relative and the employer informed and, for a foreign national, to have the consular authorities of their country contacted. The police must act within three hours of the request, save in insurmountable circumstances. The prosecutor may, exceptionally, decide that the notice be deferred or not given where this is indispensable to gather or preserve evidence or to prevent serious harm to a person; if custody goes beyond 48 hours, such a deferral can no longer be maintained where the notice concerns the consular authorities (arts. 63-1 and 63-2);
• the possibility, with the investigator's authorisation, of communicating with the consulate in writing, by telephone or in person, for up to thirty minutes; a request to communicate with the consular authorities cannot be refused beyond the 48th hour of custody (art. 63-2);
• the right to be examined by a doctor (art. 63-3) and the right to remain silent, notified at the outset (art. 63-1);
• the assistance of a lawyer: a confidential interview of up to thirty minutes, then the lawyer's presence during interviews and confrontations. Once a lawyer has been requested, the person cannot be questioned about the facts without the lawyer, unless they expressly waive this, save for the exceptions provided by law (arts. 63-4 and 63-4-2).

The firm intervenes in the Paris police stations and investigation services whose cases are referred to the Paris Judicial Court. The lawyer checks that the measure is lawful and that an interpreter has been provided, prepares the interviews with the person held and may submit written observations, which are added to the case file (arts. 63-4 and 63-4-3).

In Paris, immediate appearances are heard by the emergency criminal division (pôle de l'urgence pénale), before the 23rd criminal chamber, while the 24th chamber deals with simplified procedures.

The public prosecutor may use immediate appearance when the offence carries a maximum sentence of at least two years' imprisonment, or six months for an offence discovered in the act, if the evidence appears sufficient and the case appears ready to be tried (art. 395). The person is then brought before the court the same day. If the court cannot sit that day, the prosecutor may bring the person before the liberty and custody judge (juge des libertés et de la détention), who may order pre-trial detention until the hearing, which must take place no later than the third working day (art. 396).

• The defendant can only be tried the same day with their consent, given in the presence of their lawyer (art. 397).
• If they do not consent, or if the case does not appear ready to be tried, the court adjourns to a hearing held within four to ten weeks, unless the defendant expressly waives the minimum period (art. 397-1).
• In the meantime, the court may order judicial supervision, house arrest with electronic monitoring or pre-trial detention; if the defendant is detained, judgment on the merits must be delivered within three months of their first appearance before the court, failing which the detention ends (art. 397-3).

Before the hearing, the lawyer reads the file, meets the defendant with an interpreter where needed, advises on whether to accept being tried the same day or to ask for time to prepare the defence, and then argues on guilt, sentence and detention.

A relative who learns of an arrest in Paris from abroad can call the firm at any hour on +33 1 87 66 00 48, giving the person's full name, date of birth, nationality and, if known, the place of arrest or the police station. The law gives relatives a role of their own:

• a relative who has been informed of the custody at the request of the person held may appoint a lawyer, provided the person held confirms the appointment (art. 63-3-1);
• a family member may ask for a medical examination of the person held (art. 63-3);
• the relative can also contact the consulate of the person's country, and gather documents useful to the defence (identity, address, work or studies, travel bookings) to send to the lawyer.

From its office at 9 rue Léon Vaudoyer, Paris 7e, the firm intervenes before the Paris Judicial Court, which is reached by metro lines 13 and 14. Consultations can be conducted in French or in English. The firm can assist with:

• emergency defence: police custody at any hour, referral to the prosecutor, immediate appearance, hearings before the liberty and custody judge;
• substantive defence: criminal hearings on a later date, judicial investigation, guilty plea procedure (comparution sur reconnaissance préalable de culpabilité), sentence enforcement proceedings;
• the assistance of victims who join the proceedings as civil parties.

Each case is prepared individually: full reading of the file, search for any procedural defects and a defence strategy suited to the court hearing the case.