French criminal law is a codified system built on the Code pénal and the Code de procédure pénale, and it works on two organizing ideas: every offense falls into one of three severity tiers, and the process is inquisitorial, meaning judges actively investigate rather than referee a contest between two sides. The tier decides which court hears the case, what penalties are possible, and how long authorities have to bring charges. The inquisitorial model shapes everything that happens between arrest and verdict.
The Three Categories of Offenses
Article 111-1 of the Code pénal sorts all criminal conduct into three categories by severity.1Légifrance. Code pénal – Article 111-1 Everything else in the system follows from that classification.
Crimes are the most serious offenses, such as murder, rape, and armed robbery. Sentences start at ten years of imprisonment and climb through fifteen, twenty, and thirty years up to life. Fines can reach hundreds of thousands of euros. Crimes are the only category tried before a jury.
Délits occupy the middle ground and cover theft, fraud, and serious assault, among many other offenses. Prison sentences run up to ten years, and the fine must be at least €3,750 for conduct to qualify as a délit rather than a contravention. Most French criminal trials involve a délit.
Contraventions are the least serious offenses, covering things like traffic infractions, noise disturbances, and minor property damage. They are split into five classes and never carry jail time. A fifth-class contravention carries a maximum fine of €1,500, doubling to €3,000 for repeat offenders.2Ministère de la Justice. Infractions pénales: comment distinguer une contravention, un délit et un crime? Lower classes carry smaller fines.
Which Court Hears Which Case
Each tier has its own trial court, and the composition changes with the gravity of the charge.
The Cour d’assises tries crimes. It sits with three professional judges and six citizen jurors drawn from electoral rolls; on appeal, the jury expands to nine.3Service-Public.fr. Procès devant la cour d’assises ou la cour criminelle Judges and jurors deliberate together, and a qualified majority is needed to convict.
The Tribunal correctionnel tries délits and handles the largest share of criminal cases in France. Three professional judges typically hear the case, though a single judge can preside over less complex matters. There is no jury.
The Tribunal de police handles contraventions. A single professional judge presides, and proceedings are built for quick resolution of minor violations where imprisonment is not on the table.
How Long Prosecutors Have to Bring Charges
French law sets firm limitation periods that depend on the offense category:
- Contraventions: one year from the date of the offense.
- Délits: six years.
- Crimes: twenty years as a general rule, extending to thirty years for certain serious offenses like terrorism and organized drug trafficking.
Crimes against humanity have no limitation period at all. The clock usually starts on the day of the offense, but for hidden offenses that only surface later, it runs from the date of discovery. Even then there is an absolute ceiling: thirty years for crimes and twelve years for délits, counted from when the offense actually occurred regardless of when it came to light.4Service-Public.fr. Justice pénale: quels sont les délais de prescription?
The Inquisitorial Process
French criminal procedure is inquisitorial. The court’s job is to uncover what actually happened, not to arbitrate a duel between prosecution and defense. Judges call witnesses, demand specific evidence, and question the accused directly to resolve contradictions. The investigative file built before trial often matters more than what happens in the courtroom.
The Public Prosecutor
The Procureur de la République decides whether to bring charges. This official weighs the evidence and the public interest, directs the judicial police in the early stages, and has broad discretion to dismiss a case, offer alternatives to prosecution, or send it to trial. The Procureur represents the state’s interest in public order rather than acting as one side of a two-party contest.
The Investigating Magistrate
The Juge d’instruction fills a role with no real common-law equivalent. This magistrate leads in-depth investigations into complex cases and is legally required to look for both incriminating and exculpating evidence. The Juge d’instruction can issue search warrants, order wiretaps, and commission expert reports.5Service Public. Magistrates and Other Public Officials of Justice They operate independently from the prosecutor, and that structural separation is meant to prevent one-sided investigations.
The Standard of Proof
French criminal courts do not use “beyond a reasonable doubt.” Judges and jurors decide guilt on their intime conviction, best translated as deep personal conviction. Decision-makers weigh all the evidence together and reach a conclusion based on their own assessment, without following rigid evidentiary formulas.
Rights in Police Custody
When French police detain a suspect for questioning, the procedure is called a garde à vue. This is the most consequential early stage of any case, and the law sets specific rights that must be provided.6Ministère de la Justice. Declaration of Rights: Provided to a Person Placed in Custody
- The detainee must be told the nature of the alleged offense along with its date and location.
- After confirming identity, the detainee may answer questions, make a statement, or stay silent.
- The detainee can ask for a lawyer of their choice from the start of custody, and if they cannot afford one, a lawyer is assigned. The lawyer can meet privately with the detainee for up to 30 minutes and attend all hearings.
- The detainee can ask that a cohabitant, parent, or sibling be notified by phone, which must happen within three hours unless exceptional circumstances prevent it.
- The detainee can request a medical exam at the beginning of custody and at each extension. Beyond 48 hours in custody, a medical exam is mandatory.
- Anyone who does not speak French has the right to a free interpreter during all hearings and communications with their lawyer.
The prosecutor or investigating judge can delay family notification in narrow circumstances, such as when it could compromise evidence gathering or create a safety risk. The other rights are not optional for authorities to provide.
The Rights That Underpin the System
The Declaration of the Rights of Man and of the Citizen of 1789, which carries constitutional force, is the foundation for defendant protections in France. The presumption of innocence is the central one: every person is considered innocent until proven guilty, and the state carries the entire burden of proof. Defendants have the right to remain silent and cannot be compelled to incriminate themselves. Counsel is guaranteed from the earliest moments of detention.6Ministère de la Justice. Declaration of Rights: Provided to a Person Placed in Custody
These domestic protections are reinforced by the European Convention on Human Rights, which France has ratified. If someone believes the French state violated their rights, they can bring a complaint to the European Court of Human Rights.7Council of Europe. The European Convention on Human Rights: How Does It Work?
Resolving a Case Without a Full Trial
Not every case goes to trial. Two main procedures resolve cases faster when the defendant acknowledges the facts.
Composition Pénale
Under a composition pénale, the prosecutor proposes a sanction directly to an offender who admits guilt, and no trial takes place. It applies to délits punishable by five years of imprisonment or less, plus related contraventions. The offender has ten days to accept or refuse, and if accepted, a judge validates the proposal.8Service-Public.fr. Composition pénale
Available sanctions include fines, up to 100 hours of community service, driver’s license suspension, or a ban on contacting the victim. Once the offender completes the agreed measures, the case is closed and cannot be reopened for the same facts. It stays on the person’s criminal record for three years, assuming no new conviction. Press offenses, involuntary manslaughter, and political offenses are excluded.
CRPC
The Comparution sur Reconnaissance Préalable de Culpabilité, or CRPC, is closer to a formal plea bargain. It covers all délits punishable by up to ten years of imprisonment and is open to individuals and legal entities. The prosecutor proposes a reduced sentence in exchange for a guilty plea, and a judge must approve the deal.
The proposed prison sentence cannot exceed half the maximum for the offense and is capped at three years regardless. If the defendant rejects the offer, the case goes to trial, and nothing said during the negotiations can be used as evidence. Crimes committed by minors, press offenses, involuntary manslaughter, and sexual assaults or violence against persons punishable by more than five years are excluded.
What Victims Can Do
Victims in France have more say in criminal proceedings than in many other systems. A victim can join an ongoing prosecution or, when the prosecutor declines, push a judicial investigation to open.
Filing a plainte avec constitution de partie civile lets a victim ask an investigating magistrate to open an investigation even after the prosecutor has dismissed the case or failed to respond for three months. For crimes, press offenses, and electoral offenses, the victim can file directly without waiting.9Service-Public.fr. Plainte avec constitution de partie civile The procedure is available for crimes and délits but not for contraventions. The filing has to identify the facts, the alleged perpetrator (or “contre X” if unknown), and any damages sought. The judge sets a deposit as a guarantee against abusive complaints, with fines for bad-faith filings reaching €15,000. Victims who qualify for legal aid can have the deposit waived.
When the offender cannot pay or cannot be identified, the Victims Guarantee Fund (FGTI) offers another path. For severe injuries, including offenses that result in death, permanent disability, sexual assault, or trafficking, there is no cap on compensation and no income requirement. For lesser bodily harm or property damage from offenses like theft, fraud, or extortion, compensation is capped at €4,767 and the victim has to meet income thresholds.10Service-Public.fr. Victims of Crime: Compensation From the Victims Guarantee Fund Claims generally have to be filed within three years of the offense or within one year of a final court decision.
Appeals
Anyone convicted at any level has the right to appeal, and the deadline is short. Ten days from the date the decision is pronounced at the hearing. If neither party was present or represented when the decision was announced, the clock starts when the decision is formally served. When one party appeals within the ten-day window, the other parties get an additional five days.11Service Public. Appeal a Civil or Criminal Judgment
Appeals from the Tribunal correctionnel go to the Chambre des appels correctionnels. Appeals from the Cour d’assises are reheard by a new Cour d’assises with an expanded jury of nine citizens.3Service-Public.fr. Procès devant la cour d’assises ou la cour criminelle Miss the ten-day deadline and the right to appeal is gone.