What does ‘acquittal’ mean in a legal context? How does it differ from a ‘dismissal’ and a ‘dismissal without charge’?

Receiving a court ruling of acquittal followinga hearing before a criminal court (a magistrates’ court or police court, sometimes incorrectly referred to asa ‘police acquittal’) rarely brings peace of mind. Has the defendant really been found not guilty? Is the criminal prosecution definitively closed, or is an appeal by the public prosecutor still possible? Between acquittal, discharge and dismissal of the case, the French criminal procedure can be confusing and have very real consequences.

This article explains what it means to be acquitted in court, within which legal framework the decision is handed down, by which court, on the basis of what evidence, and with what legal implications for the prosecution, conviction, guilt or the presumption of innocence. The aim is clear: to understand whether the judgement actually brings the case to a close.

Let us begin with the precise legal definition of an acquittal.

What does an acquittal mean in French criminal law?

Clear legal definition of an acquittal

In French criminal law, an acquittal is the judgement by which the criminal court dismisses the case against the defendant when it considers that the prosecution cannot succeed in one of the cases provided for by law. In practical terms, the criminal courtgrants an acquittal if:

• the act in question does not constitute a criminal offence,
• the act has not been proven,
• or the act is not attributable to the defendant.

In the case of minor offences, the police court applies the same principle and also discharges the defendant in these three circumstances.

Practical outcome: no criminal conviction is handed down, because guilt has not been established and, untilguilt is proven, you are presumed innocent, a principle guaranteed under French law by the Declaration of the Rights ofMan and of the Citizen (Art. 9).

In which courts can an acquittal be handed down?

An acquittal may be handed down by the criminal court, which hears cases involving offences, and the police court, which hears cases involving minor offences.

In the Assize Court, which has jurisdiction over crimes, the term used is‘acquittal’.

Acquittal and a declaration of non-guilt: what this actually means

An acquittal means one simple thing: the court does not find you guilty of a criminal offence and does not convict you, so no sentence is imposed. In practice, you leave the court without a conviction.

Whatan acquittal establishes: at this stage, no guilt is found, no conviction is handed down,and no sentence is imposed.
What it does not always establish: the situation is only final once the time limits and avenues of appeal have been exhausted.

As long as an appeal is possible or pending, the Crown Prosecution Service may lodge an appeal; thereafter, any challenge is, in principle, made by way of an appeal against the appeal judgement, within the applicable time limit.

Dismissal, acquittal and dismissal of the case: what are the differences in criminal law?

What is the difference between a dismissal and an acquittal?

Dismissal is the decision handed down by the criminal court (which hears cases involving offences) when, ultimately, it does not convict the person on trial. In practical terms, the court discontinues the proceedings because, based on the case file and the evidence presented, either the facts do not constitute an offence, or the facts have not been proven, or they cannot be attributed to the defendant.

An acquittal, on the other hand, is a decision handed down by the Assize Court (which tries crimes) when it concludes that the accused is not guilty. This may occur because the facts do not (or no longer) fall within the scope of criminal law, or because the defendant is not found guilty at the conclusion of the trial.

The difference therefore lies primarily in the competent court (the Magistrates’ Court versus the Assize Court) and, consequently, first and foremost in the seriousness of the offences being tried (misdemeanour versus felony).

And what is a ‘non-lieu’?

A ‘non-lieu’, on the other hand, is an order issued by the investigating judge who decides that there are no grounds to prosecute at the end of the investigation, i.e. before a trial.

The Code of Criminal Procedure provides for a ‘non-lieu’ where the facts do not constitute a felony, a misdemeanour or a minor offence, where the perpetrator remains unknown, or where there is insufficient evidence against the person under investigation. A case being dismissed is often the result of an investigation and the examination of both incriminating and exonerating evidence, which do not establish criminal liability.

A decision to dismiss the case does not ‘adjudicate’ the matter as a court would; rather, it brings the proceedings to an end at the pre-trial stage, rather than referring the case to a trial court. Conversely, if the evidence appears sufficient, the judge may issue a committal order, resulting in the case being referred to court.

Why acquittal, discharge and dismissal are often confused

The confusion stems primarily from the fact that these three decisions often result in the same practical outcome: there is no criminal conviction. This identical outcome masks significant procedural differences.

In everyday language, people speak of ‘innocence’, but the distinction is based on a legal ground: the absence of an essential element of the offence, insufficient evidence, or failure to establish criminal liability.

Finally, the confusion stems from the timing of the decision, as a case is dismissed during the pre-trial investigation, whilst an acquittal is handed down after a trial, and many people do not distinguish between these stages.

How is a dismissal pronounced by the court, and on what grounds?

Possible grounds for a discharge

There are several types of dismissal, depending on the reason given by the criminal court. It orders a dismissal when:

• the act being prosecuted does not constitute an offence, even if the facts are admitted, because they do not correspond to any criminal offence.
• the act has not been established, because the reality of the allegations has not been proven at the conclusion of the proceedings.
• the act cannot be attributed to the defendant, because it has not been proven that the defendant committed it or that they are criminally liable for it.

In these cases, the outcome is the same: reasonable doubt precludes a conviction and the presumption of innocence applies.

A similar principle applies in the police court for minor offences.

Let us take a hypothetical example to better understand this:

A motorist is issued with a fine for “using a mobile phone whilst driving” following a roadside check.

• No offence: the officer saw an object in the driver’s hand, but it was a sat-nav held briefly whilst the engine was switched off. The alleged act therefore does not correspond to the offence in question.
• Unproven fact: there are no photographs, no other evidence, and the report is too vague. The judge considers that the evidence is too flimsy to conclude that the mobile phone was being used.
• Fact not attributable: the car is registered in the driver’s name, but on that day it had been lent out, and there is no way of identifying who was driving at the exact time in question. The judge considers that this is not attributable to the person being prosecuted.

In all three cases, the magistrates’ court dismissed the proceedings for this offence, as a conviction cannot be based on doubt or on a flimsy legal classification.

The role of the defendant, the lawyer and the court

• The court decides.
• The Crown Prosecution Service pursues the case and makes its submissions.
• The criminal defence lawyer buildsthe defence, challenges the evidence, disputes the criminal classification, and presents a clear and structured argument.
• The defendant, for their part, must above all avoid putting themselves in a difficult position during the hearing and learn to respond in a clear, coherent and constructive manner.

In practice, you may request an acquittal in procedural terms (in your closing submissions/plea), but the aim is to demonstrate, point by point, why a conviction is legally impossible.

What are the consequences of an acquittal, and can you appeal?

Legal implications and the key question: is it final?

An acquittal means there is no criminal conviction. But in reality, the most important question is this: is the decision final?

As long as the time limits for appeal have not expired, or until an appeal has been heard, there remains a procedural risk. This is precisely the most common pitfall: believing you are ‘in the clear’ as soon as the verdict is handed down, when the case may still take a new turn.

If you have just been acquitted,check immediately whether the prosecution can still appeal and what the time limits are.

Acriminal lawyerfrom the firm Goldwin Avocats inParis can help you secure the outcome as soon as you leave the courtroom.

Acquittal and criminal record: will it be recorded?

An acquittal is not a conviction, so it should not appear on your criminal record.

The criminalrecord comprises three types of extract: B1 (the most comprehensive extract, reserved for judicial and prison authorities), B2 (an extract accessible to certain government departments and employers), and B3 (the most limited extract, issued only to the individual). In practice, an acquittal should not appear on a B3.

But be aware: a criminal record and police files are two different things. The TAJ (criminal records database) isa police/gendarmerie database that holds information on suspects (and victims), used for criminal investigations and certain administrative enquiries.

The TAJ is not automatically deleted following a decision to drop the case, a dismissal of the case, a decision excluding an entry from Bulletin No. 2 of the criminal record, or a final decision of acquittal or discharge. In the latter case, the information is deleted from the TAJ unless the public prosecutor decides to retain it.

If you wish to have a TAJ record deleted (or corrected), you must submit a request to the relevant public prosecutor. They then have two months to respond to you.

Goldwin Avocats can assist you with this process to give you the best possible chance of success.

Following an acquittal, am I completely free?

Not immediately. An acquittal spares you a criminal conviction, but as long as the time limits for appeal have not expired (or an appeal is pending), the case may be reopened: the public prosecutor may lodge a criminal appeal and, if the court overturns the acquittal, the acquittal may become a conviction.

The civil party (the victim) cannot, on their own, appeal against the acquittal on criminal grounds: they can only take action regarding compensation (civil claims), and they may also bring a civil action to seek redress for harm without ‘turning’ the acquittal into a conviction.

Depending on the court, the scope for appeal may vary (for example, in the case of minor offences, it depends in particular on the category and the penalty).

As long as the time limits have not expired, you are not “definitively off the hook”. The priority is simple: check immediately whether an appeal has been lodged and in what capacity (criminal or civil). It is this point that determines the entire course of the case and its implications for the client.

PLEASE NOTE

The Act of 15 June 2000 introduced the possibility for an acquitted person to claim compensation to cover certain defence costs they have had to bear (in particular lawyers’ fees), on the basis ofArticle 800-2 of the Code of Criminal Procedure.

Furthermore, if the person was held in pre-trial detention before being acquitted, they may also claim compensation for the non-pecuniary and pecuniary damage arising from that detention, in accordance with Articles 149 et seq. of the same Code, once the decision has become final.

Arguing for an acquittal: the approach of Goldwin Lawyers in Paris, experts in criminal law

An analysis focused on the court’s expected decision

An effective defence strategy begins with an objective review of the case file, just as the judge will do. The solicitor identifies the alleged offence, its constituent elements, and the evidence intended to prove them. Next, they pinpoint the weaknesses: what is missing, what is contradictory, what does not hold up legally, or what cannot be proven to the required standard.

This is often where an acquittal hinges: not on a grand statement, but on a decisive detail.

Building a defence aimed at securing an acquittal, rather than merely justifying the client’s actions

Justifying oneself often involves offering a multitude of explanations in order to ‘make oneself understood’. However, in court, it is not the longest explanation that convinces. A defence aimed at securing an acquittal seeks to demonstrate, point by point, why a conviction is legally impossible. It refocuses the debate on the right issues: the evidence, the classification of the offence, the procedure, and the presumption of innocence. It also protects the defendant from a common risk: contradicting themselves, losing their temper, or saying something that will be held against them.

If your hearing is approaching and you fear a conviction, the best time to develop an acquittal strategy is before the hearing.

Goldwin Lawyers in Paris, specialists in criminal law and traffic law, can help you prepare a structured defence tailored to your case.

Defending you right to the end, even after an acquittal

The work does not end with the verdict. Following an acquittal, it is necessary to check whetherthe decision is contradictory, whether any notifications are required, and exactly what theapplicable time limits are.

It is also necessary to anticipate the issue of an appeal and its practical consequences. It is precisely at this stage that many people make a mistake: they assume that an acquittal automatically means the ‘case is completely closed’, whereas the proceedings may still develop further.
Following an acquittal, a quick review of the time limits for appeal and the possible next steps can prevent a relapse into stress or an unpleasant surprise.

Goldwin Lawyers in Pariscan assist you in securing the outcome following the judgement.

Acquitted – but is it final?

An acquittal means that you have not been found guilty and have not been sentenced. However, your peace of mind depends on one very practical point: checking whether the decision is final, that is to say, whether the time limits for appeal have expired or whether an appeal is pending. It is this very practical detail that makes the difference between “I have been acquitted” and “I am definitively in the clear”.