Immediate Trial in France (Comparution Immédiate): Procedure, Time Limits and Rights

Updated 3 November 2026

An immediate trial (comparution immédiate) allows a person to be tried on the very day their police custody ends. The procedure is fast, but the defendant keeps important rights: refusing to be tried at once, obtaining time to prepare, and challenging detention.

When does it apply?

It applies to offences (délits) punishable by at least two years' imprisonment, or at least six months where the offence was caught in the act, when the evidence is sufficient and the case is ready for trial (Article 395 of the French Code of Criminal Procedure). The person is first brought before the prosecutor with a lawyer, who may consult the file (Article 393).

Can I refuse to be tried the same day?

Yes. The defendant may only be tried immediately with their consent, given in the presence of their lawyer. Otherwise the case is adjourned to a hearing between four and ten weeks later, unless the defendant expressly waives that minimum period (Article 397-1). If the court cannot sit the same day, a judge may order detention until the hearing, which must take place no later than the third working day (Article 396).

Detention, sentence and appeal

When the case is adjourned, the court decides whether the defendant stays free, under judicial supervision or in pre-trial detention, by a specially reasoned decision (Article 397-3). Proof of address, employment and family ties is decisive. The judgment may be appealed within ten days (Article 498). The defence may also consider whether a guilty-plea procedure (CRPC) would be preferable.