Art. 873 Delay between conviction and sentence

When someone is found guilty of a felony, the court has to wait at least three days before handing down a sentence. This waiting period gives the defendant time to think through their options, like asking for a new trial or challenging the conviction, before punishment is decided.

If the defendant files a motion for a new trial or asks the court to set aside the judgment, the judge cannot sentence them until that motion is decided and rejected. This makes sure the defendant gets a fair chance to raise legal problems with their case before facing sentencing.

However, a defendant can give up this waiting period. If they clearly say they don't want the delay, or if they plead guilty, the judge can sentence them right away without waiting the three days.