VADEMECUM OF FRENCH CRIMINAL CUSTODY

Every year, millions of tourists from all over the world travel to France. However, with this massive influx of people and heightened security measures, some tourists may find themselves in unexpected situations, such as being detained and placed in police custody. To better manage these potentially stressful moments, it is crucial to understand the French legal procedures and the rights you have as a person in police custody. This guide has been specially designed for tourists to help them navigate these situations calmly by providing detailed information on the process of police custody, fundamental rights, and practical advice to ensure the respect of their rights and effective cooperation with French authorities.

What is police custody?

In France, police custody is a measure of deprivation of liberty decided by a public prosecutor, a police officer or an investigating judge depending on the procedural frame. According to Article 62-2 of the Code of Criminal Procedure, this measure is applied when a judicial investigation has gathered sufficient evidence to suspect an individual of a crime or offense punishable by imprisonment[1]. In practical terms, this means that the suspect is detained in police or gendarmerie premises. The initial duration of police custody is 24 hours, but it can be extended to 48 hours depending on the nature of the offense and the needs of the investigation[2].

What is the process of police custody ?

From the moment of the arrest, the person must be informed of its rights, including the right to remain silent and the right to an attorney. If the individual does not speak French, an interpreter must be present to explain its rights in a language they understand, using a written form. A meeting between the attorney and the person in custody is recommended.

Custody involves the detainee being interviewed by the police. Its statements is recorded in an official report, « procès-verbal ». For the needs of the investigation, it is also possible that the detainee’s its personal belongings, such as its phone, may be searched.

The outcome of police custody

At the end of the police custody, the public prosecutor or investigating judge decides whether the person in custody can be released or if they should be brought before a court (referral).

• Case dismissal: If no sufficient evidence is found, the suspect is immediately released.
• Immediate appearance: The suspect is judged on the same day before the criminal court. If immediate judgment is not possible, the suspect is brought before the Judge of Freedoms and Detention and may be placed in pre-trial detention awaiting trial.
• Summons by judicial police officer: The suspect is released but receives a summons for a later court hearing. If the person resides abroad, this period is extended by one month for EU residents and two months for others.
• Summons with judicial control: The suspect is brought to court to receive a summons for a later hearing and may be placed under judicial control with specific obligations.
• Judicial inquiry: In complex cases, a judicial inquiry is opened, and an investigating judge is appointed.

What are the rights of the person in police custody

• Right to an attorney: The person can choose its attorney or have one appointed. It is recommended to take the time to choose it’s own attorney who will handle the case for a more effective defense. This allows for a personalized approach, where the attorney can become thoroughly familiar with the details of the case and develop tailored legal strategies, ultimately increasing the chances of a favorable outcome.

The first interview must take place in the presence of the attorney, except in urgent cases justified by the investigation.

• Right to contact a relative and employer: The person can inform a relative and his or her employer of the situation.[3]
• Right to a medical examination: A doctor can examine the suspect to check the compatibility of their health with police custody.
• Right to an interpreter: If the person does not understand French, they have the right to the assistance of an interpreter.
• Right to remain silent: The suspect can choose not to answer the investigators’ questions.

Tips for foreigners during the Olympic Games

• Know your rights: Familiarize yourself with the rights of a person in police custody in France. You have the right to remain silent, request an attorney, contact a relative, and request an interpreter if you do not understand French.
• Right to an attorney: Upon your arrest, immediately request the assistance of an attorney. You can choose an attorney or have one appointed.
• Language barrier: If you do not understand French, immediately request an interpreter. The notification of your rights and all communication must be done in a language you understand.
• Exercise your rights: If you prefer to remain silent, clearly indicate this to the police.
• Call a lawyer : In case of any legal issues or emergencies, contacting a lawyer who is familiar with the local laws and procedures can provide crucial assistance and guidance.

The Paris 2024 Olympic Games will be an exciting time but may also present challenges for foreign tourists. By being well-informed and prepared, you can better navigate potential police custody situations and ensure that your rights are respected. Remember that the French judicial system has strong guarantees for protecting individuals’ rights, and consular assistance is always available to help you if needed. Enjoy your stay in France and the Olympic festivities, while staying well-informed and prepared.

Our expert attorneys in French legal procedures are available to answer all your questions and provide advice. Meetings can be held in person or via video conference. You can book an appointment directly online at www.agn-avocats.com.

AGN AVOCATS

contact@agn-avocats.fr
09 72 34 24 72

[1] « Custody is a coercive measure decided by a judicial police officer, under the control of the judicial authority, by which a person against whom there are one or more plausible reasons to suspect that they have committed or attempted to commit a crime or an offense punishable by imprisonment is held at the disposal of investigators.

This measure must be the only means to achieve at least one of the following objectives:

1. Allow the execution of investigations involving the presence or participation of the person;
2. Ensure the person’s presentation before the public prosecutor so that this magistrate can assess the follow-up to the investigation;
3. Prevent the person from altering evidence or material clues;
4. Prevent the person from putting pressure on witnesses or victims, as well as on their family or close relatives;
5. Prevent the person from coordinating with other individuals who may be their co-authors or accomplices;
6. Guarantee the implementation of measures intended to stop the crime or offense ».

[2] In cases involving drug-related offenses or individuals suspected of terrorism, it can be extended up to 4 days.

[3] Article 61-1 of the Code of Criminal Procedure