Criminal law in Monaco

Code pénal is Monaco's criminal code, while Code de procédure pénale sets out investigation, trial and appeal procedures. Criminal responsibility can attach to individuals and legal persons, except the State, the Commune and public establishments. A company can be liable when an organ or representative commits an offence for its account, but the individual's own responsibility remains. Attempt, complicity and repeat offending have separate rules. Monaco generally applies its criminal law to acts committed in Monaco and in additional cases defined by statute; residence in Monaco is not generally required. Limitation periods are generally 10 years for crimes, 3 years for délits and 1 year for contraventions. Some serious crimes have a 30-year period, including specified offences against minors with the period running from the victim's majority, and special periods apply to certain sexual offences against children. The Parquet Général is Monaco's public prosecution service. It receives complaints and denunciations, directs prosecutions and can close a case, propose an alternative measure or bring the matter before a court. The Direction de la Sûreté Publique, the carabiniers and authorised judicial police officers gather evidence and identify authors or accomplices under the direction and supervision of the Procureur Général and the Cour d'appel. A complaint may lead to an investigation for an offence caught in progress or to a preliminary inquiry. A home search or seizure during a preliminary inquiry requires authorisation from the Parquet Général; failure to follow the rule can create a nullity risk. Police custody, called garde à vue, applies when there is serious suspicion of a crime or an imprisonable délit. It generally lasts 24 hours and may be extended once for up to 24 hours by the juge des libertés. Statutory extensions can add up to 48 hours for matters such as money laundering, narcotics, state security or terrorism. The person must be informed of the legal classification and facts, the right to remain silent, access to a lawyer, interpretation and medical safeguards. An audition libre is an interview without custody; it may last up to five hours, and the person may leave, remain silent, request a lawyer and use an interpreter. A juge d'instruction conducts a judicial investigation when required and may order pre-trial detention or contrôle judiciaire. Defence access to the file and procedural appeals are subject to formal requirements and time limits. The Tribunal de Simple Police hears contraventions. The Tribunal Correctionnel, sitting as a formation of the Tribunal de Première Instance, hears délits, connected contraventions and appeals from the Tribunal de Simple Police. The Tribunal Criminel hears crimes and consists of a president, two professional assessors and three jurors. The Cour d'appel hears second-instance appeals. The Cour de révision is the final review court for matters such as competence, substantial procedural form and legal errors. Proceedings may begin after a judicial investigation, by direct summons, immediate appearance, appearance on notification or voluntary appearance. The 2026 reform introduced plaider coupable for an individual who admits the facts and their legal characterisation. It requires a lawyer, a proposal from the Parquet Général and approval by the president of the Tribunal de Première Instance; the proposed imprisonment cannot exceed five years or half the statutory maximum, and the fine cannot exceed the statutory maximum. A convention pénale can apply to a legal person or authorised representative for offences covered by statute and requires judicial validation. If it fails, the ordinary process can continue, while the negotiations remain confidential. Sanctions include imprisonment, fines, jours-amende, unpaid community service, bans on rights or licences and confiscation. The listed correctional fine bands range from EUR 1,000 to EUR 2,250, EUR 2,250 to EUR 9,000, EUR 9,000 to EUR 18,000 and EUR 18,000 to EUR 90,000. A jours-amende order can reach EUR 1,000 per day for up to 180 days. Travail d'intérêt général is unpaid; breaching it can activate a substitute sentence. The Maison d'Arrêt is Monaco's prison service and has a stated capacity of 92 places, including facilities for men, women and minors and units connected with sentence adjustment. Detention before trial and execution of sentences follow separate decisions and safeguards. Monaco does not provide a general automatic guarantee of free defence for every accused person. Assistance judiciaire in criminal matters generally concerns a partie civile, is means-tested and can cover lawyers, court officers, experts and interpreters; mandatory legal representation applies in specified situations, including minors and criminal defendants in the relevant proceedings. A victim can become a partie civile in the criminal case and seek compensation before the competent criminal court until the debates close. A victim of a crime or délit can also petition the juge d'instruction with a plainte avec constitution de partie civile. For a délit carrying a maximum of three years' imprisonment, a prior complaint to the police or Parquet Général and either a classement or three months without an investigative act are required. Minors and incapable victims receive notice through their representatives, and special audiovisual interview safeguards apply to minor victims. Under Loi n° 1.555 of 2023, an eligible individual victim or heir may seek an advance from the State when an awarded amount or provision remains unpaid by the convicted person, but payment is conditional and not automatic. A minor is a person under 18 for Monaco's special youth regime under Loi n° 740. Prosecution for a crime or délit requires prior information by the juge tutélaire, who may support measures such as an admonition, return to a parent or responsible carer, supervised liberty, placement in Monaco or an authorised French institution, repair with or without mediation, and educational or sensitisation work. Hearings are held privately, and a lawyer is appointed when required. Punishment is available from the age threshold set by that law; imprisonment is capped at 20 years, and the maximum for a délit is half the adult penalty. Police custody rules differ by age: a minor over 13 may be detained for a crime or imprisonable délit, while a younger minor is subject to stricter conditions. A person under 13 may be held initially for up to 12 hours, with statutory judicial extensions for serious cases, and a child under 10 may not undergo an audition libre. Road offences combine Monaco's traffic code with criminal provisions. The general speed limit is 50 km/h, with local limits of 30 or 70 km/h. Listed traffic contraventions carry fines commonly ranging from EUR 15 to EUR 300, while speed bands can reach EUR 90 to EUR 900; driving at least 50 km/h above the limit can bring additional sanctions. Criminal road matters include involuntary injury or homicide, hit-and-run, manifest or characterised drunkenness, driving under the influence of narcotics and driving with a suspended or cancelled licence. Preventive alcohol and drug controls are authorised under recent safety reforms. A final conviction under the relevant Code pénal provisions can require a licence suspension of one month to two years, with longer periods for hit-and-run or drunken driving; administrative licence measures are distinct from the criminal case. Digital offences under Loi n° 1.435 and Code pénal articles 389-1 to 389-12 include fraudulent access or maintenance, obstruction or alteration of a system, unauthorised introduction, damage, deletion, modification, extraction, retention or transmission of data, fraudulent use, interception and preparation involving abusive devices. Attempt can carry the same statutory penalty. Legal persons can face a correctional fine of up to EUR 1,000,000 where no fine is specified for the individual offender. The Agence Monégasque de Sécurité Numérique supports prevention and response as an administrative specialist authority; it does not replace the criminal investigation led by judicial police, the Parquet Général or a juge d'instruction. Rules on telecommunications traffic and technical-data retention concern access to such data, not the content of communications.