Book I: Criminal policy, prosecution and investigation

At the request of the judicial police officer, or under the latter’s control, the judicial police officer, intervening by telematic or computerised means, public bodies or legal persons governed by private law, with the exception of those referred to in d of 2 of Article 9 of the aforementioned Regulation (EU) 2016/679 of 27 April 2016 and in 2° of article 80 of law no. 78-17 of 6 January 1978…

When objects that are the medium of computer data have been placed under seal, the public prosecutor or the judicial police officer or, under the latter’s supervision, the judicial police officer or the investigation assistant may, by any means, request any qualified person registered on one of the lists provided for in article 157 or who has sworn the oath provided for in Article 60 to open the seals in…

The judicial police officer may forbid any person to leave the scene of the offence until the end of his operations. He may call and hear all persons likely to provide information on the facts or on the objects and documents seized. The persons summoned by him are obliged to appear. The judicial police officer may force the appearance of the persons referred to in the first paragraph. He may…

Without prejudice to the specific guarantees applicable to minors, a person in respect of whom there are plausible grounds for suspecting that he has committed or attempted to commit an offence may not be heard freely on these facts until he has been informed: 1° The presumed description, date and place of the offence that he or she is suspected of having committed or attempted to commit; 2° The right…

If the victim is confronted with a person heard under the conditions provided for in Article 61-1 for a felony or misdemeanour punishable by a prison sentence, it may also ask to be assisted, in accordance with the procedures set out in Article 63-4-3, by a lawyer chosen by him or by his legal representative if he is a minor, or, at his request, appointed by the President of the…

Any person in respect of whom there are one or more plausible grounds for suspecting that he has participated, as a perpetrator or accomplice, in the commission of a crime or offence punishable by imprisonment may request that a lawyer of his choice or, if he is unable to appoint one, a lawyer appointed ex officio by the President of the Bar: 1° Assist her when she takes part in…

People against whom there is no plausible reason to suspect that they have committed or attempted to commit an offence shall be heard by the investigators without being subjected to a measure of restraint. However, if justified by the needs of the investigation, such persons may be held under restraint for the time strictly necessary for their hearing, which may not exceed four hours. If, during the hearing of a…

The staff referred to in articles 16 to 29 contributing to the proceedings are authorised to declare as their domicile the address of the head office of the department to which they report.

Police custody is a measure of constraint decided by a judicial police officer, under the supervision of the judicial authority, whereby a person against whom there are one or more plausible grounds for suspecting that he has committed or attempted to commit a crime or an offence punishable by imprisonment is held at the disposal of investigators. This measure must be the sole means of achieving at least one of…

Police custody is carried out under the supervision of the public prosecutor, without prejudice to the prerogatives of the liberty and custody judge provided for in articles 63-4-2 and 706-88 to 706-88-2 in relation to extending the measure beyond the forty-eighth hour and postponing the lawyer’s intervention. The public prosecutor assesses whether keeping the person in police custody and, where applicable, extending this measure are necessary for the investigation and…