Bill No. 1118 establishing guilty plea and penal agreement procedures

Bill No. 1118 establishing guilty plea and penal agreement procedures, received on 15 October 2025 by the Parliament, stems from parliamentary Draft Law No. 266 adopted on 4 December 2024. It was passed on 11 June 2026.

The opinion of the High Commission for the Protection of Rights and Mediation (8 November 2025) and the opinion of the Monegasque Financial Security Authority (AMSF) (23 December 2025) were requested by the Parliament.

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SUMMARY

Purpose of the reform

Bill No. 1118 creates 33 new articles (38-3 to 38-4-16, 224-1 and 224-2) within the Code of Criminal Procedure (CPP), in order to introduce two new types of criminal proceedings subject to approval/vaidation by the president of the Court of First Instance:

• the "guilty plea" ("plaider coupable") procedure (for natural persons) enabling the public prosecutor to propose, either on his own initiative or at the request of the defendant or their lawyer, one or more sentences to a defendant, provided that the defendant acknowledges the facts of the case and their legal classification and accepts the proposed sentences;
• the "penal agreement" ("convention pénale") procedure (for legal persons and the natural persons representing them) enabling the public prosecutor to propose, either on his own initiative or at the request of the person concerned or their lawyer, to enter into an agreement with a legal person or its representative who is the subject of the proceedings. Such an agreement does not entail an admission of guilt, but requires an acknowledgement of the facts and the fulfilment of the obligations proposed by the public prosecutor (payment of a sum to the Treasury, compensation for victims, etc.).

The Legislation Committee paid "particular attention (...) to ensuring that these two mechanisms guarantee, on the one hand, respect for the rights of the defence of the accused, as well as the requirements of a fair trial, and, on the other hand, prompt and effective compensation for the harm suffered by the victim" (Report of the Legislation Committee on Bill No. 1118):

• the victim is accorded a legitimate role;
• the accused is guaranteed access to legal representation at every stage of the proceedings;
• the accused is free to reject the public prosecutor's proposal without suffering any adverse consequences;
• the judge plays a central role, with the President of the Court of First Instance being called upon to approve or validate the agreement.

Bill No. 1118 is thus in line with "continental law systems for transactional procedures such as appearance on prior admission of guilt or judicial agreements in the public interest in French law. These mechanisms offer the advantage of reconciling procedural speed, the effectiveness of prosecutions and the requirement for fundamental procedural guarantees, in particular with regard to respect for the rights of the defence and the rights of victims." (Explanatory Memorandum to Bill No. 1118)

Objectives of the reform

• to bring Monegasque criminal procedure into line with FATF standards, following up on "recommendation b of immediate outcome 8 of the MONEYVAL report published in January 2023 (page 54 of the report), which recommended that the Principality of Monaco: "Legislation should be amended to provide that the investigating and prosecuting authorities have sufficient powers in relation to confiscation and provisional measures covering all predicate offences." It is therefore essential to allow the Public Prosecutor's Office to order confiscations in cases of offences underlying money laundering." (Explanatory memorandum to Bill No. 1118)
• to meet "the requirement for judicial agility, particularly in complex or economically intensive cases" by modernising the Monegasque criminal justice system: supplementing the mechanisms in force, which are "essentially centred around the traditional criminal trial", with "more flexible and faster judicial mechanisms" adapted to "new forms of crime, often transnational", attributable to natural or legal persons who take advantage of "the globalisation of trade, the opacity of certain financial circuits and the speed of digital flows". (ibid.)

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MORE DETAILS

¤ Guilty plea procedure (natural persons)

New Articles 38-3 to 38-3-13 and 224-1 of the Code of Criminal Procedure (CCP)

→ Conditions under which the public prosecutor (PG) may proceed with a guilty plea, either on their own initiative or at the request of the defendant or their lawyer:

• A natural person of legal age who admits guilt
• for the acts of which they are accused and which fall within the scope of the offences listed for which a guilty plea is possible
• and who is assisted by a lawyer (avocat).

The guilty plea procedure cannot be applied to the following offences:

1. felonies ("crimes");
2. misdemeanours ("contraventions"), unless they are connected to a principal offence that is the subject of a guilty plea procedure;
3. offences ("délits") relating to terrorism as provided for in Articles 391-1 et seq. of the Criminal Code;
4. sexual offences and other offences against public decency as provided for in Articles 260 et seq. of the Criminal Code, if they are punishable by a term of imprisonment exceeding five years;
5. child pornography as provided for in Articles 294-3 et seq. of the Criminal Code;
6. assault and battery as provided for in Articles 236 et seq. of the Criminal Code, if punishable by a prison sentence of more than five years;
7. manslaughter as provided for in Articles 250 et seq. of the Criminal Code;
8. offences against a minor under the age of 16;
9. offences provided for in Law No. 1.299 of 15 July 2005 on freedom of public expression;
10. all offences for which prosecution cannot take place without a prior complaint.

The public prosecutor (PG) may propose a guilty plea to one or more of the persons involved in the same case, which may concern all or part of the charges. The investigation or judicial inquiry continues for the persons and charges not covered by the plea.

A person charged as a perpetrator or an accomplice may (either directly or through their lawyer) ask the PG to initiate a guilty plea procedure. The PG has three months from receipt of the request to inform the person concerned or their lawyer in writing of their refusal or agreement to initiate a guilty plea procedure. If no response is received within this period, the request is deemed to have been rejected. The PG decision is final and cannot be appealed.

→ The investigating judge has the power to initiate the guilty plea procedure himself

The investigating judge may, either on his own initiative or at the written request of the PG, issue an order transferring the proceedings to the PG for the purpose of implementing the guilty plea procedure, subject to the following conditions:

1. the person concerned is charged or placed under the status of assisted witness; and
2. the person concerned acknowledges the facts and accepts the criminal classification; and
3. the facts constitute one of the offences for which a guilty plea is possible; and
4. the PG has given his written consent to use this procedure when the investigating judge acts ex officio.

→ Initial phase:

• The PG may inform the person concerned and their lawyer, before they appear before him, of the sentences he intends to propose, by any means.
• The PG may also invite the victim to to produce the evidence necessary to assess the damage.
• From the time the summons to appear before the PG is issued, the lawyer of the person concerned has the right to inspect the file at any time and to have time to prepare with the person concerned, with whom they must be able to speak freely.
• The person concerned appears before the PG in the presence of their lawyer. Failing this, the guilty plea procedure is automatically terminated. The person concerned receives all relevant information, may make representations and may be offered one or more sentences. They may at any time speak freely with their lawyer in the absence of the PG, and may request a period of five working days to accept or refuse, in writing, the sentences proposed.

→ Penalties that may be imposed on defendants who admit to the charges:

• A fine payable to the Treasury, tthe amount of which may not exceed the statutory maximum applicable to the offence in question. The PG may propose that the fine be suspended in whole or in part, or that a previously granted suspension be revoked. Payment may be made in instalments, in accordance with a schedule agreed with the PG, over a period not exceeding five years, as specified in the agreement submitted for approval;
• Imprisonment, the term of which is limited to half the statutory maximum applicable to the offence. The OG may propose that the sentence be suspended in whole or in part under the conditions set out in Articles 393 et seq. of the Criminal Code, or that it be suspended subject to probation under the conditions set out in Articles 396 et seq. of the Criminal Code, or that a previously granted suspension be revoked;
• Confiscation under the conditions of ordinary law (Article 12 of the Criminal Code);
• Financial compensation to the victim;
• Daily fines (Articles 26-1 et seq. of the Criminal Code);
• Community service (Travaux d'intérêt général) (Articles 26-4 et seq. of the Criminal Code);
• Additional penalties incurred for the offence in question.

The PG must tailor the proposed sentences to the circumstances of the offence and its seriousness, the offender’s character, and their financial, family and social circumstances, as well as any final convictions handed down against them by a national or foreign court (individualisation of the sentence).

The agreement specifies whether or not the order approving the guilty plea procedure is entered in bulletins No 2 or No 3 of the criminal record.

→ If negotiations fail:

• Criminal proceedings resume their normal course (with the usual prerogatives of the PG in matters of prosecution).
• Minutes (orocès-verbal) mentioning the dates of the attempted plea bargain, the identity of the person concerned and their contact details (which makes it possible to determine the period during which the statute of limitations for public prosecution was suspended).

→ If an agreement is reached:

• The agreement is recorded in minutes (strict formalities apply, with mandatory information required to avoid the procedure being declared null and void), a copy of which must be provided to the interested party before the approval hearing before the President of the Court of First Intance (TPI) (transparency and fairness of the procedure).
• Approval ("homologation" hearing (in principle public, or closed court hearing at the request of a party or the PG, when circumstances justify it): the president of the TPI (or a magistrate delegated by him) may conduct all necessary hearings of the parties and verify that the person concerned effectively acknowledges the charges and accepts the proposed penalties without reservation. If these conditions are met, the President may approve the agreement. He or she shall rule on the same day (expediency) and issue a reasoned order (transparency and legal certainty).
• The approval order (ordonnance d'homologation) has the same effect as a conviction and ensures that the agreement is enforceable. The order is immediately enforceable. Where the approved sentence is a custodial sentence, the convicted person may be remanded in custody immediately. If the PG notes that the approval order does not provide for compensation for the victim, he shall inform the victim, if he has their contact details, by any means, of their right to request that the perpetrator be summoned to a hearing of the criminal court ruling solely on civil matters pursuant to Article 75 of the Code of Criminal Procedure. Where the victim issues such a summons, the case file may be forwarded to the court to which the matter has been referred.
• Circumstances in which approval of the agreement must be refused: when the defendant does not admit guilt; when they reject the proposed penalties; when they appear without legal representation; or when the agreement report contains substantial irregularities because it does not include all the required information.
• The president of the TPI has the power to refuse approval if the proposed penalties do not appear to be sufficiently individualised,
• Orders confirming sentences and decisions refusing confirmation are subject to appeal. The Court of Appeal shall give its ruling within sixty days of the date of the order. The appeal does not have suspensive effect.

→ Victim's rights:

• The victim may make submissions during the confirmation hearing. In such cases, the President of the Court of First Instance (TPI) shall rule immediately, without the victim being required to be present or represented, provided that the victim has previously brought a civil action. The President may also decide to refer the case to a subsequent hearing of the Criminal Court, devoted exclusively to civil matters (the victim thus retains the option of requesting a referral to a court sitting in a collegiate formation).
• The civil party may appeal against the civil provisions of the decision.

Any civil party must declare, by a document filed with the General Registry, an address which must be located within the Principality, in accordance with Article 76 of the Code of Criminal Procedure. The provisions of Article 77 of the Code of Criminal Procedure (deposit of the sum presumed necessary for the costs of the proceedings) do not apply.

→ Note:

• The guilty plea procedure fails 1) if the PG does not propose a sentence to the defendant; or 2) if the defendant rejects the sentences proposed by the PG; or 3) if the defendant fails to respond by the end of the reflection period; or 4) if the President of the Court of First Instance refuses to approve the proposed sentences;
• In the event of failure at any stage (during the defendant’s appearance before the Public Prosecutor, or at the approval stage), the Public Prosecutor regains full discretion regarding the appropriateness of prosecution. He may choose to: continue the search for evidence through an investigation or a judicial inquiry; or refer the person to a trial court through a standard court hearing (the first hearing to be held within three months of the referral) or an immediate appearance before the criminal court; or dismiss the case without further action.
• The PG may refer the matter back to the President of the Court of First Instance (TPI) for the purpose of having the agreement approved, after amending it if necessary.
• The limitation period for criminal proceedings is suspended from the date of notification of the summons to appear before the PG or, where applicable, from the date of the referral at which the PG proposes to use this procedure, until the day on which the failure of the guilty plea procedure is established.

¤ Penal agreement procedure (legal entity and natural person representing it)

New Articles 38-4 to 38-4-16 and 224-2 of the Code of Criminal Procedure (CCP)

→ Conditions under which the PG may propose a penal agrrement procedure as long as no public prosecution has been initiated:

• a legal entity or a natural person authorised to represent a legal entity, when it is implicated as the perpetrator or accomplice of one of the offences listed,
• mandatory assistance from a lawyer (avocat),
• sufficient evidence to characterise the offence,
• acknowledgement by the accused of the materiality of the facts, it being specified that this acknowledgement does not imply an admission of guilt.

Offences for which a penal agreement may be proposed:

1. laundering of the proceeds of crime and related offences under Articles 218 et seq. of the Criminal Code;
2. offences underlying money laundering;
3. breaches of the procedures for the freezing of funds and economic resources under Articles 219-1 et seq. of the Criminal Code;
4. tax offences provided for in Article 114 of the Turnover Tax Code, by Law No. 1.300 of 15 July 2005 on tax fraud applicable to savings income paid in the form of interest, by Article 11 of Law No. 1.381 of 29 June 2011 on registration fees payable on transfers of immovable property and rights, by Law No. 1.445 of 19 December 2016 introducing various measures relating to the limitation period and criminal penalties applicable to the automatic exchange of tax information; and by Sovereign Order No. 653 of 25 August 2006 on corporation tax and value added tax;
5. environmental offences provided for in Articles L. 560-1 to 560-9 and L. 570-1 to L. 570-3 of the Environment Code;
6. fraud ("escroquerie") provided for in Article 330 of the Criminal Code;
   
7. breach of trust ("abus de confiance") as provided for in Articles 336 et seq. of the Criminal Code;
8. offences relating to information on beneficial owners, as provided for by Law No. 56 of 29 January 1922 on foundations, by Law No. 214 of 27 February 1936 on trusts, by Law No. 721 of 27 December 1961 on the Register of Commerce and Industry, by Law No. 797 of 18 February 1966 on civil companies, by Law No. 1.355 of 23 December 2008 on associations and federations of associations, and by Law No. 1.362 of 3 August 2009 on combating money laundering, the financing of terrorism and of the proliferation of weapons of mass destruction, and corruption;
9. offences relating to the accuracy of accounts as provided for in Article 69 of Law No. 1.573 of 8 April 2025 on the modernisation of company law and in Article 31 of Sovereign Order No. 3.167 of 29 January 1946 regulating the preparation of balance sheets for public limited companies and limited partnerships;
10. offences relating to forgery ("faux") as provided for in Articles 97 et seq. of the Criminal Code;
11. offences relating to financial activities as provided for in Law No. 1.338 of 7 September 2007 on financial activities;
12. receiving stolen goods ("recel") as provided for in Article 339 of the Criminal Code.

Where several individuals are implicated in the same case, this does not automatically lead to a plea agreement being offered to all parties; the PG may choose to offer a plea agreement only to certain parties. The plea agreement may relate only to some of the facts, with the remaining facts being subject to ordinary criminal proceedings. The investigation or judicial inquiry continues in respect of the individuals and facts not covered by the agreement.

Where an agreement is envisaged in respect of a natural person acting on behalf of a legal person, the facts must be directly attributable to that person (a requirement under ordinary law) and the legal person itself must be the subject of an agreement covering the same facts. The reverse is not required: the initiation of proceedings against the legal person does not necessarily imply the conclusion of a settlement agreement with its representative.

If the victim has been identified and has previously provided their contact details, they shall be informed without delay, by any means, of the PG’ decision to enter into a settlement agreement.

→ The investigating judge and the defendant (either directly or through their lawyer) may initiate the penal agreement procedure:

The PG has three months from receipt of the application to inform the person concerned or their lawyer in writing of its decision (whether to agree or refuse to initiate a plea agreement procedure), which is not subject to appeal. If no response is received within this period, the application is deemed to have been rejected.

The investigating judge has the power to initiate the criminal settlement procedure himself (new Article 224-2 of the Code of Criminal Procedure). He may, either on his own initiative or at the written request of the PG, order that the proceedings be transferred to the PG for the purposes of implementing the criminal agreement procedure, subject to the following conditions:

1. the person concerned is charged or placed under the status of assisted witness; and
2. the person concerned acknowledges the materiality of the facts alleged against them, without this acknowledgement constituting any admission of guilt; and
3. the facts constitute one of the offences referred to in the first paragraph of Article 38-4 and the person concerned is a legal entity or a natural person authorised to represent a legal entity; and
4. the PG has given his written consent to the use of this procedure when the investigating judge acts ex officio.

→ Procedure for drawing up the penal agreement:

• Period during which the PG and the defendant’s lawyer discuss the terms of the agreement (through written correspondence and/or meetings). From the first discussion with a view to concluding a criminal settlement, the defendant’s lawyer must be able to consult the case file at any time and speak freely with the defendant, without the Public Prosecutor being present.
• In order to determine the amount to be paid to the Treasury and any additional obligations, the defendant’s lawyer may, at the PG’s request or on their own initiative, provide any relevant information or documents. In this context, they may, in particular, provide any budgetary, accounting, financial or strategic information relating to the gains derived from the fraudulent operation, or expected at the conclusion thereof, and relating to the financial position of the person concerned. Where the person concerned is a natural person, the lawyer may also provide such information relating to the financial position of the legal person they represent. These documents are added to the case file (should the plea agreement fail, these documents are removed from the file and destroyed unless the person concerned requests otherwise).
• The victim may be invited by the PG to provide evidence to establish the reality and extent of their loss, and to attend in-person meetings if the PG deems it appropriate.

→ Obligations that may be imposed under a penal agreement::

1. Payment of a sum to the Treasury,
2. and in such cases, bearing, up to a specified limit, the cost of any analyses and expert assessments that may be necessary to determine the amount to be paid or to audit or reconstruct the accounts. The sum is set by the PG based on the character of the person concerned, and the gains and benefits derived from the breaches found (without exceeding three times the amount of such gains and benefits, with different ceilings depending on whether the party is a legal person or the natural person authorised to represent it);
3. Forfeiture to the State of all or part of the assets seized in the course of the proceedings, as well as assets not seized but deemed to meet the conditions for confiscation of assets (Article 12 of the Criminal Code)
4. and, in such cases, to bear, up to a specified limit, the costs associated with the management and safekeeping of the assets from the date of seizure until the date of the validation order;
5. Compensation for the victim within a period not exceeding 5 years. Payment may be made in instalments according to a schedule agreed with the PG and specified in the agreement submitted for validation.
6. The PG may propose that the validation hearing ("audience de validation") be held in public or not, and whether or not the validated agreement is to be the subject of a press release from the PG's Office.

→ Contents of the penal agreement:

• Identity and contact details of the person concerned, as well as those of the lawyer);
• Description of the alleged offences;
• Statement that the person concerned by the agreement acknowledges the facts of the case as alleged, without this acknowledgement constituting any admission of guilt;
• Obligations imposed and the terms of their fulfilment;
• Provisions regarding the publicity of the proceedings (public or closed-door hearing; whether or not a press release will be issued by the PGs Office);
• Provisions regarding the suspension of the enforcement of the penal agreement and the possibility for the PG's Office to bring proceedings against the person concerned, in the event of failure to fully fulfil the obligations within the agreed time limits, or in the event of partial fulfilment where a phased approach is provided for;
• Information regarding the presence of a lawyer at the time of signing the agreement;
• Information regarding the declaration of address.

The absence of any of these items shall render the agreement null and void where such omission is detrimental to the interests of the person concerned.

→ Terms and conditions for signing the criminal settlement agreement:

• A copy of the draft agreement is given to the defendant's lawyer by the PG 15 days before signing.
• The PG conducts an interview with the defendant and their lawyer in order to proceed with the signing of the agreement.
• The penal agreement is signed by the PG and the defendant, or, where the defendant is a legal entity, by the person authorised to represent it.

→ Approval (validation) of the penal agreement by the judge:

• Once the agreement has been signed, the PG immediately submits a request to the President of the TPI for validation, to which the agreement accepted by the defendant and the case file are attached.
• The summons to the validation hearing is served on the person concerned at the time the penal agreement is signed. The time between the date of signature and the date of the validation hearing varies depending on whether there is an identified victim (a period of at least 5 days, which may not, however, exceed 30 days) or not (both events take place on the same day).
• Validation hearing (public or not depending on the terms of the agreement): hearing of the parties; checks by the President of the TPI (consent of the defendant, validity of the use of the criminal agreement procedure, regularity of its conduct, presence of mandatory clauses, compliance with the obligations set out). The President of the TPI may be replaced for the entire proceedings by another judge from his court designated by him.
• At the conclusion of the hearing, the President of the TPI rules immediately (or defers the decision for 15 days where the complexity of the case so warrants) on the validation of the criminal agreement (excluding compensation for the victim).
• The order approving the criminal settlement does not constitute a conviction and has neither the nature nor the effects of a judgment of guilt. It is not entered on the criminal record. It is immediately enforceable and not subject to appeal.
• The defendant is required to provide the PG with proof of compliance with the validated obligations within the specified time limits or, where no time limit is specified, within five years of the date of the order.
• Compensation for the victim: if the criminal settlement provides for compensation and the victim has consented to it, such compensation is automatically confirmed by a separate order, provided that all other obligations under the settlement have also been confirmed (an order not subject to appeal); failing that, the President of the TPI may rule directly on the claim made by the victim during the hearing (an appeal is possible under ordinary law; however, the Court of Appeal must rule within 60 days of the date of the order, and the appeal does not have suspensive effect), or refer the case to a further hearing before him devoted exclusively to civil claims, to allow the victim to provide additional evidence in support of their claim within a maximum period of 30 days, which may be extended to 60 days if the complexity of the case so warrants.
• The civil claimant who has been awarded compensation may seek to recover it through the procedure for the enforcement of judgments and orders, in accordance with the rules laid down in the Code of Civil Procedure.
• If no compensation is awarded to the victim, they are entitled to request the PG to summon the perpetrator to a hearing before the criminal court ("Tribunal correctionnel") to rule solely on civil claims pursuant to Article 75 of the Code of Criminal Procedure. Where the victim issues such a summons, the case file may be forwarded to the court so seized (continuity and effectiveness of the defence of the victim’s rights).

→ Failure of the penal agreement procedure:

• Situations in which failure may be established: 1°) if, after discussions, the PG does not propose a criminal settlement to the accused; or 2°) if the accused refuses to sign the criminal settlement; or 3°) if the president of the TPI does not approve the settlement; or 4°) if, within the time limit specified in the agreement, the accused person does not provide evidence of: - compliance with a deadline where the plea bargain provides for payment in instalments, or - full performance of one of the obligations provided for.
• Choice of the PG in the event of failure: a) to continue an investigation; or b) to request the opening of a judicial investigation; or c) to forward the case file to the investigating judge for the purposes of resuming the investigation; or d) to refer the person concerned to a trial court, which must hold its first hearing within three months of the referral; or e) refer the accused to the criminal court under the immediate appearance (comparution immédiate) procedure; or f) decide to close the case without further action.
• If the President of the TPI refuses to validate the decision, the PG may refer the matter to him again by way of an application, subject to the consent of the person concerned, within 15 days of the date of the order of refusal and on one occasion only.

→ Note:

• The PG is responsible for monitoring the fulfilment of the obligations of the person subject to the approved criminal settlement: the PG provides the necessary information to the person concerned so that they can fulfil their obligations, and it is their responsibility to prove that they have fulfilled their obligations at each stage.
• Interruption of the penal agreement: if the person fails to provide proof of compliance with their obligations, the PG will issue a formal notice to do so. If there is no response, without justification, the criminal settlement agreement will be interrupted. The consequences of this termination vary depending on the obligation concerned (the payment to the Treasury and the disposal of assets are returned, unless seized, but the related costs are not refunded). The compensation paid to the victim remains valid, but will be deducted from any damages awarded in a subsequent decision.
• Outcome of the penal agreement in the event of failure: destruction and withdrawal from the proceedings file of the penal agreement and of the judge order. No one may refer to them during the rest of the proceedings. The evidence gathered and the documents submitted during the attempt at a criminal settlement are removed from the case file and destroyed, and are replaced by a report (procès-verbal) stating the start and end dates of the proceedings (to determine the period during which the statute of limitations for public prosecution was suspended), unless: - the defendant or the victim requests that the evidence they themselves have submitted be kept in the file; or - if this evidence has given rise to the payment of compensation by the defendant (in which case the order approving the compensation is kept in the file).
• Impact of the penal agreement procedure on the statute of limitations for criminal proceedings: suspension of the limitation period from the moment the PG proposes to implement this procedure until such time as it is determined, where applicable, that it has failed; by way of derogation from Article 11 of the Code of Criminal Procedure, public prosecution shall only be extinguished after the obligations arising from the agreement have been fully fulfilled (which must take place within the time limits set by the agreement and, failing that, within a maximum period of 5 years from the date of the approval order).

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