Guilty plea procedure (CRPC)

The Appearance on Preliminary Recognition of Guilty (CRPC), is a mode of prosecution commonly called the "Guilty Plea". Its regime is provided for by articles 495-7 et seq. of the Code of Criminal Procedure. The assistance of a lawyer is mandatory. This procedure assumes that the facts have been recognized during the time of the police custody or the free hearing. The CRPC is divided into two stages. A first step is that of the negotiation in the framework of which the lawyer and the Public Prosecutor negotiate the sentence (suspended imprisonment, fine, withdrawal of the driving license, registration in the criminal record B2 etc...) If an agreement is reached, comes the second stage called "approval" by the President of the Judicial Court. The assistance of a lawyer is necessary in order to negotiate with the prosecution the most suitable sentence for the situation. This procedure can make it possible to obtain a reduced sentence compared to that which would have been decided following another mode of prosecution. However, it is sometimes advisable to purely and simply refuse the agreement and to favor a defense in the context of a hearing before the Criminal Court, in order, for example, to claim procedural defects. Good listening skills and understanding of the client's expectations are essential in order to take full advantage of the procedure of appearance on prior admission of guilt.