Immediate appearance

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Immediate appearance (comparution immédiate) is the most constraining emergency criminal procedure in the French judicial system. Your relative is brought before the correctional court only a few hours after their police custody, with an extremely limited time to organize their defense.

Mr. Charles Bruguière, criminal defense attorney at the Paris Bar, immediately intervenes to provide a technical and combative defense under these conditions of absolute urgency. The firm is reachable 24/7 to intervene at the referral and the hearing, throughout the Paris region.

Faced with this accelerated procedure that may lead to immediate conviction and placement in pretrial detention, the assistance of an experienced criminal lawyer is essential to preserve your rights and avoid a disproportionate conviction.

What is the immediate appearance procedure?

Immediate appearance is an emergency criminal procedure provided for in Articles 393 et seq. of the Code of Criminal Procedure. It allows the public prosecutor to bring a person before the correctional court immediately after their police custody, without going through a judicial investigation.

Conditions of application

The prosecutor may resort to immediate appearance when:

• The offense is punishable by at least 2 years of imprisonment (or 6 months in case of flagrant offense)
• The case is ready to be tried (completed investigation, gathered evidence)
• The accused was an adult at the time of the facts
• The facts are neither press offenses nor political offenses

This procedure is frequently used for flagrant offenses (violence, theft, drugs, contempt), when the person has a heavy criminal record, or when the seriousness of the facts justifies an immediate criminal response.

How the immediate appearance procedure unfolds

Referral before the prosecutor

At the end of police custody, the accused is brought to the Courthouse to be presented to the public prosecutor. During this referral, the magistrate:

• Notifies the alleged facts and their legal classification
• Informs the person of their right to legal counsel
• Reminds them of the right to remain silent or to make statements
• Decides on immediate referral to the court or transfer to the JLD (liberty judge)

Mr. Bruguière intervenes at the referral to assist his client, review the criminal file, and immediately assess the defense strategy to adopt.

Judgment the same day or postponement

Scenario 1: immediate judgment. If the court can sit the same day and the defendant agrees to be tried immediately, the hearing takes place within the hours following referral. The preparation time is then extremely short: only a few hours to gather personality documents, analyze the file, and prepare the pleadings.

Scenario 2: postponement. If the defendant refuses immediate judgment, if the hearing cannot be held, or if the case is not ready to be tried, the court postpones it:

• Postponement delay: between 2 and 6 weeks (or 2 to 4 months if the incurred sentence exceeds 7 years)
• The court decides on placement in pretrial detention or under judicial supervision
• Possibility to request additional investigation on the facts or personality

Mr. Bruguière strategically advises his clients on whether to accept or refuse immediate judgment, based on the state of the file, the seriousness of the facts, and the risks of pretrial detention.

Pretrial detention or judicial supervision?

Pretrial detention: if the court or the JLD orders pretrial detention, the defendant is held in a remand prison until the trial hearing. The hearing must take place within a maximum of 2 months (or 4 months if the incurred sentence exceeds 7 years).

Judicial supervision or house arrest: if detention is not justified, the defendant may be placed under judicial supervision (reporting obligations, contact bans, bail) or under house arrest with electronic monitoring.

Mr. Bruguière systematically advocates to avoid pretrial detention and requests alternative measures suited to his client's personal situation.

The lawyer's role in immediate appearance

Immediate appearance imposes extreme time constraints. The intervention of an experienced criminal lawyer is decisive to build an effective defense under these emergency conditions.

Intervention from referral

Mr. Bruguière acts as soon as the family or the accused contacts him. This early intervention allows him to:

• Immediately review the criminal file and the charges
• Meet confidentially with the defendant before the hearing
• Analyze procedural flaws and any potential nullities
• Communicate with the family to gather personality documents
• Advise on whether to accept or refuse immediate judgment

Building the personality file under emergency

Within a few hours, the firm gathers all relevant elements to inform the court:

• Payslips, employment contract, employer statement
• Medical certificates, treatment evidence, psychological reports
• Proof of address, rent receipts, property title
• Family record book, evidence of cohabitation, family statements
• Any document demonstrating the defendant's social and professional integration

Pleadings and defense strategy

At the hearing, Mr. Bruguière delivers a technical and combative defense built around:

• Contesting the facts and discussing the evidence
• Procedural nullities and violations of defense rights
• Contextualizing the facts and highlighting the defendant's personality
• Discussing the legal classification chosen by the prosecution
• Pleadings on sentencing and on prospects of integration or reintegration

Most frequent offenses in immediate appearance

Violence and offenses against persons

• Intentional violence with or without ITT (incapacity for work)
• Domestic and intra-family violence
• Death threats or threats of violence
• Sexual assaults (excluding rapes referred to assize court)
• Harassment and invasion of privacy

Theft and offenses against property

• Simple theft and aggravated theft
• Theft with violence or in a group
• Receiving stolen goods
• Intentional damage to property
• Fraud and breach of trust

Drugs

• Illicit use of narcotics
• Possession of narcotics
• Drug trafficking and sale
• Driving under the influence of narcotics

Contempt and offenses against public authority

• Contempt against a person holding public authority
• Rebellion
• Violence against police officers, gendarmes, or public agents
• Refusal to comply

Traffic offenses

• Driving under the influence of alcohol
• Driving without a license
• Hit and run
• Involuntary injuries by a driver

Immediate appearance vs CRPC: what's the difference?

Immediate appearance and CRPC are two distinct emergency procedures, often confused.

Immediate appearance:

• Adversarial judgment before the correctional court
• The defendant may contest the facts and plead not guilty
• Right to appeal the decision
• Very short delay but possibility of postponement to prepare the defense

CRPC (guilty plea):

• Sentence negotiation with the prosecutor
• Mandatory admission of guilt
• No possible appeal (except in case of refusal of homologation)
• Conviction recorded in the criminal record

The choice between accepting a CRPC or being tried in an immediate appearance is a major strategic decision. Mr. Bruguière analyzes each case to advise the best option.

Why choose Mr. Bruguière for an immediate appearance?

Immediate availability 24/7

Immediate appearances know no office hours or public holidays. The firm provides a 7-day phone line to act immediately, day or night. Mr. Bruguière travels to the Courthouse as soon as the call is received.

Experience in emergency procedures

Mr. Bruguière regularly appears in immediate appearance proceedings before the correctional courts of Paris and the Paris region (Paris, Créteil, Bobigny, Nanterre, Pontoise, Évry, Meaux, Versailles, Melun). This experience allows him to:

• Quickly analyze a complex criminal file
• Immediately identify procedural flaws
• Build a technical defense within hours
• Plead effectively before a court under emergency conditions

Combative defense and procedural rigor

The urgency of immediate appearance does not justify any procedural negligence. The firm systematically raises procedural nullities, even when time is short. This technical rigor regularly leads to acquittals, significant sentence reductions, or avoidance of pretrial detention.

Family support

The firm maintains a permanent link with the families of referred persons. Mr. Bruguière explains each step of the procedure, coordinates the collection of personality documents, and keeps the family informed of the case's progress.

Related practice areas: general criminal law · police custody · pretrial detention.