Défèrement: being brought before the prosecutor after custody

At the end of custody, rather than being released, the person is brought — often under escort — before the prosecutor or their deputy. This step is governed by strict time limits.

• The person must be brought before the prosecutor on the same day custody ends.
• They may speak with their lawyer before being presented and keep them for what follows.
• If the prosecutor opts for an immediate appearance or presentation to a judge, the person may be held in the meantime, within a legally framed time limit.

At the end of the défèrement, the prosecutor chooses the direction:

• Immediate appearance: trial before the criminal court the same day or very soon after.
• Opening of a judicial investigation: referral to an investigating judge (complex or serious cases), with presentation to the liberty-and-custody judge.
• Summons by official record or by judicial police officer for a later hearing.
• CRPC, alternatives to prosecution, or dismissal.

The défèrement is not a mere administrative step: it is where the procedural route — and sometimes liberty — is decided. The lawyer can put forward factors favouring a lighter route, prepare a possible immediate appearance (and request time to prepare the defence, Article 397-1 of the Code of Criminal Procedure), or argue against pre-trial detention.