Monaco

	English

   ⚠️ THIS PAGE IS CURRENTLY UNDER LEGAL REVIEW. 
If you are a practicing attorney in this jurisdiction and can provide corrections, please get in touch with us at internationalbridges@ibj.org.

Legal Resources for Monaco Constitution of the Principality of Monaco E-Learning Resources eLearning Courses for Criminal Defense lawyers

Background

The Principality of Monaco is a sovereign city-state situated on the Mediterranean Sea along the French Riviera. As the second smallest country in the world, its sovereignty was officially recognized in 1861, and it became a full voting member of the United Nations in 1993. Due to its close geographical and historical ties with France, Monaco’s official language is French, a significant portion of its population is French (approximately 22%), and its legal and constitutional systems are heavily influenced by French law. Monaco has been governed by the Grimaldi family since the 13th century. Its current Constitution, adopted in 1962, established a constitutional monarchy that guarantees civil liberties while granting the prince strong executive powers. The country also maintains a legislative council and an independent judiciary. Although Monaco is not a member of the European Union, it uses the euro as its official currency.

The Legal system

Monaco is a constitutional monarchy currently with a civil law system governed by the 1962 Constitution which introduced the separation of powers in the Principality. The country’s legal framework is heavily influenced by the French Civil Code. Court structure:
- Court of First Instance – collegiate court that hears civil and criminal cases
- Court of Appeals – adjudicates on appeals of judgements delivered by the Court of First Instance
- Supreme Court – highest court of law in Monaco for judicial appeals, covers both administrative and constitutional matters

Legal Aid

Monaco provides state-sponsored legal aid to individuals who cannot afford legal representation (with an income falling below an amount set by Sovereign Ordinance that takes family expenses into account). In criminal cases, if the defendant meets the criteria, legal aid covers court-appointed counsel and legal fees. In 2020 the legal aid budget per inhabitant was 6.40 Euros. While there is no major NGO sector offering pro bono aid, the Monaco Bar Association manages legal aid appointments. Lawyers registered in the principality must accept appointments when assigned by the court. The Monaco Bar has a small pool of lawyers which is estimated at 34 lawyers.

Source of Defendants Rights

National Sources of Defendant’s rights: Monaco’s primary national source for defendant’s rights is the Constitution. Other Codes such as the Criminal Procedure Code and the Penal Code also lay out the rights and freedom afforded to Monegasque nationals.

International Sources of defendant’s rights: Monaco ratified the European Convention on Human Rights in 2005. Monaco has also ratified the following UN human rights treaties:
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- Convention against Torture and Other Cruel, Inhuman, or Degrading Treatments Punishment (CAT)
- Convention on the Elimination of All Forms of discrimination Against Women (CEDAW)
- Convention on the Rights of Persons with Disabilities (CRPD)
- Convention on the Rights of the Child (CRC)
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD)

Rights of the Accused

Right Against Unlawful Arrests, Searches and Seizures: Constitution (Art. 21) “the domicile is inviolable. No entry and search in the domicile can take place except in cases and in the manner prescribed by law”.

Right Against Unlawful Detention: Constitution (Art. 20) “no penalty may be introduced or applied except by law.”

Right Not to be Tortured or Ill-Treated: Constitution (Art. 20) “Criminal law must ensure respect for individual personality and dignity. No one may be subjected to cruel, inhuman or degrading treatment”.

Right to Medical Care: Detainees are entitled to medical exams and care during custody and detention.

Right to be Informed of Charges: Constitution (Art. 19) judicial oversight must be ensured “at the arrest or at the latest within twenty-four hours”.

Right to Presumption of Innocence: ECHR (Art. 6) “everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law”.

Right Against Self-Incrimination: ECHR (Art. 6) a fair trial includes the right to remain silent and the privilege against self-incrimination. However, the privilege against self-incrimination does not extend to the use in criminal proceedings of material which may be obtained from the accused through recourse to compulsory powers, but which has an existence independent of the will of the suspect (for example for DNA testing, fingerprints or blood tests).

Right to Counsel and Effective Assistance: ECHR (Art. 6 § 3) right to be assisted by a lawyer from the start of police custody.

Right to Present a Defense: Includes right to be informed of charges, right to consult with an attorney, right to be present at trial, right to question witnesses and present evidence.

Right to Due Process: Fundamental right under Constitution and international instruments

Right to Equal Protection of the Laws: Constitution (Art. 17) “All Monegasques are equal before the law. There is no privilege among them.

Right to Bail: Monaco has no formalized bail system, bail is granted through judicial oversight and subject to conditions.

Right Against Ex Post Facto Prosecution: Constitution (Art. 20) “Criminal law cannot have any retroactive effect”.

Right Against Double Jeopardy: ECHR (Protocol 7, Art. 4) “no one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted”, however this shall not prevent the reopening of the case if there is evidence of new or newly discovered facts or if there has been a fundamental defect in the previous proceedings.

Right to a Fair Trial:

• Generally: guaranteed under constitution and ECHR (Art. 6)
• Right to a Trial by Jury: exists for criminal offenses, but not in civil cases, ECHR (Art. 6 § 1) “In the determination of any criminal charge against him, everyone is entitled to a public hearing by a tribunal”
• Right to a Speedy Trial: constitutionally implied and reinforced by judicial oversight, ECHR (Art. 6) “in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law”.
• Right to an Impartial Judge: ECHR (Art. 6) “in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair hearing within a reasonable time by an independent and impartial tribunal established by law”

Right to Language Interpretation: mandated by ECHR and implemented domestically

Right to Habeas Corpus: Constitution guarantees individual freedom and security, and emphasizes that detention can only be carried out pursuant to a judge’s order.

Capital Punishment: Constitution (Art. 20) “Death penalty is abolished”

Right to Appeal: the time period for appeals is 30 days from the date the judgment was delivered, unless specific provisions of the law apply. It is lodged by a writ, specifically by an order drawn up by a court bailiff. The appeal suspends the judgement from being enforced, unless provisional enforcement has already been issued.

Rights of Counsel

Right to Provide Representation: recognized and obligatory for qualified defense attorneys

Right of access to the client: guaranteed during police custody and trial

Right to information: counsel may access case files and evidence prior to and during trial

Right to Confidential Communication with the client: legally protected and respected in practice

Means of Protecting and Enforcing Rights

Exclusionary Rule:

illegally obtained evidence can be nullified.

Pre-Trial Procedure

Police procedures: Complaint/ Information: initiates investigation by Prosecutor General or police

Arrest, Search and Seizure Laws: - Stops and Frisks: allowed if the officer reasonably believes the individual is armed or dangerous, individuals have the right to be free from unreasonable searches and seizures, so the frisk cannot be a general search of the person, it must be limited to a search for weapons
- Arrests: police arrests generally require a warrant, and detainees must be presented to an investigating magistrate within 24 hours to be informed of charges and their rights. Police custody cannot exceed 24 hours without judicial authorization
- Pre-trial detention: requires judicial oversight, must be justified and renewed
- Searches: require warrants or judicial authorization
- Enforcing the rules: rights violations can result in nullity or exclusion

Lineups and other identification procedures:
- Lineups: conducted under judicial oversight
- Other identification procedures: include photo arrays and forensic sampling

Interrogation:
Before formal charge in court: lawyer must be present
After defendant is formally charged: interrogations supervised by the judge
Enforcing the rule: evidence may be excluded if rights are breached

Court Procedures

Pre-Trial:
- Initial Court Appearance: after an arrest or summons, the accused is brought before the Investigating Judge or the Public Prosecutor depending on the case’s nature. The accused is informed of the alleged offense and their rights (including the right to a lawyer or an interpreter). If detained, the judge must confirm pre-trial detention or order release, within 24 hours. First, a summons is served to the adversary by a Monegasque bailiff. Then, at the first hearing, the defendant’s lawyer informs the court that they represent the defendant, and a new hearing is scheduled by the judge for the defendant to file their written pleadings in response. The parties may exchange a few written pleadings until the judge sets a date for oral pleadings.
- Charging Instrument: criminal charges are formalized either by a Réquisitoire introductive from the Public Prosecutor requesting an investigation or a mise en examen by the Investigating Judge, place a suspect under formal investigation.
- Preliminary Hearing: in serious cases, the investigating judge conducts a judicial investigation including interrogations, searches, seizure of evidence and gathering witness statements. At this stage the defense has limited rights but can request certain investigative acts (such as confrontations or expert reports). Defense counsel is mandatory during interrogations under indictment.
- Pre-trial motions: the defense may file motions such as request to annul evidence if rights were violated, request for release or bail modification, request for complementary investigative actions. These motions are filed with the Chambre du Conseil or Investigating Judge and reviewed before trial.
- Discovery: Investigating Judge maintains a case dossier containing all the evidence which is accessible to both parties once the indictment is official and can be consulted at the clerk’s office. No obligation to disclose defense strategy or witnesses in advance.

Trial:
- Nature of the Trial: Monaco follows an inquisitorial system with limited oral arguments, led by professional judges
- Defendant: the defendant must be present at trial, except in minor infractions where representation by a lawyer is permitted. The accused has the right to remain silent, the right to legal counsel and the right to present evidence or witnesses, defendants may make statements at any stage or respond to the Court’s or prosecution’s questions
- Lawyers: both defense and prosecution are typically represented by licensed Monegasque lawyers. The defense lawyer may cross-examine witnesses, present evidence and raise legal objections. Legal aid may be available for indigent defendants though Monaco’s state-sponsored legal aid system.
- Expert witnesses: court-appointed or proposed by parties, often appointed by the court, not hired by the parties, their role is to provide impartial technical analysis (such as forensic, medical or financial)
- Judges: central factfinders, preside and adjudicate, the judge sets the calendar and ensures that no party uses delaying tactics and that the debates are led respectfully. At the pleadings hearing, they may ask some questions for further clarifications, tough Monegasque judges do not typically intervene much.
- Victims: May participate as civil parties seeking damages, the victim can initiate criminal proceedings by filing a formal complaint.

Sentencing: determined by judges, guided by Penal Code.

Rights in Prison

Right to Humane Conditions of Confinement: constitutionally guaranteed with laws prohibiting cruel, inhuman or degrading treatment, conditions generally meet standard, CPT monitoring active, the cells meet specific requirements for comfort, hygiene and security, as set forth in Decree No. 2005-8 by the Secretary of Justice, dated June 2005, two walks per day; a morning walk is required, three fitness sessions per week, led by a professional trainer, each inmate may take two showers per day

Right to Medical Care in Prison: inmates are entitled to medical healthcare, mirroring the standards available to the general population and therefore have access to a range of healthcare professionals (a dentist, a team of psychiatrists, a psychologist, a hairdresser, a social worker).

Right to Mental Health Care: La Comella Prison has an attending psychiatrist and psychologist, however, it is recommended by the CPD that their hours be doubled to meet the needs of every prisoner requiring mental health support.

Restriction of rights: must be proportionate and subject to review, limitations on freedom like the ability to receive and possess personal property, access to sunlight and outdoor exercise space for those detained more than 24 hours.

Rights of Special Populations:

• Women: held separately, care provided
• Juveniles: held separately; educational upheld, partnership with the Department of Education, Youth and Sport was formed in 2011 to allow juveniles to continue their education and various related activities.
• LGBT prisoners: general protections apply; no discrimination reported but no specific laws
• Mentally Ill Prisoners: treated in psychiatric facilities as needed.

Resources

- Code de Procédure Pénale.” Legimonaco, 2024, legimonaco.mc/code/code-procedure-penale/.

- “Code Pénal.” Legimonaco, 2024, legimonaco.mc/code/code-penal/.

- Constitution of the Principality of Monaco. European Commission for Democracy through Law (Venice Commission), 26 Apr. 2013, www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-REF(2013)021-e.

- European Treaty Series - No. 117.

- Guide on Article 6 - Right to a Fair Trial (Criminal Limb). 31 Dec. 2013.

- “Le Tribunal de Première Instance.” Gouv.mc, 2025, www.gouv.mc/Gouvernement-et-Institutions/Les-Institutions/La-Justice/Le-Tribunal-de-Premiere-Instance.

- “The Court of Appeal - Monaco.” Gouv.mc, 2025, en.gouv.mc/Government-Institutions/Institutions/Justice/The-Court-of-Appeal.

- The Editors of Encyclopaedia Britannica. “Monaco | History, Points of Interest, & Royal Family | Britannica.” Encyclopædia Britannica, 2020, www.britannica.com/place/Monaco.

- “The Remand Prison of Monaco.” Gouv.mc, 2025, en.gouv.mc/Government-Institutions/Institutions/Justice/The-Remand-Prison-of-Monaco.

- “The Supreme Court - Monaco.” En.gouv.mc, en.gouv.mc/Government-Institutions/Institutions/Justice/The-Supreme-court.