Book I: Criminal policy, prosecution and investigation

If the person sought under a warrant to bring is found more than two hundred kilometres from the seat of the examining magistrate who issued the warrant, and it is not possible to bring him before that magistrate within twenty-four hours, he shall be brought before the liberty and custody magistrate of the place of arrest.

This magistrate asks the person about his identity, receives his statements, after warning him that he is free not to make any, and asks him whether he consents to being transferred or whether he prefers to extend the effects of the warrant to bring him, while awaiting the decision of the examining magistrate hearing the case, at the place where he is. If the person declares that he or she…

The examining magistrate hearing the case decides, immediately after receipt of these documents, whether to order the transfer.

Where a transfer is required under the conditions provided for in articles 128 and 129, the person must be brought before the investigating judge who issued the warrant within four days of notification of the warrant. However, this time limit is extended to six days in the event of a transfer from an overseas department to another department or from mainland France to an overseas department.

In the event of failure to comply with the time limits set by the articles 127 and 130, the person shall be released, by order of the investigating judge hearing the case, unless his conduct has been delayed by insurmountable circumstances.

If the person is a fugitive or resides outside the territory of the Republic, the investigating judge, after consultation with the public prosecutor, may issue an arrest warrant for the person if the offence carries a penalty of correctional imprisonment or a more serious penalty.

The person seized by virtue of an arrest warrant shall be brought before the examining magistrate or, failing that, the president of the court or the judge designated by the latter within twenty-four hours of his arrest for questioning and, where appropriate, a ruling on his remand in custody under the conditions laid down by l’article 145. Failing this, the person shall be released. The provisions of Article 126 shall…

In the cases provided for by articles 125,127and 133, when the person is detained by the police or gendarmerie before being brought before a magistrate, the public prosecutor for the place of arrest is informed as soon as the detention begins and the person has the right to notify a relative under the conditions provided for by article 63-2, to be examined by a doctor under the conditions provided for…

The officer responsible for the execution of a warrant for the bringing in, arrest or search of a person may not enter a citizen’s home before 6am or after 9pm. The same applies when the officer is responsible for the arrest of a person who is the subject of an extradition request or a European arrest warrant. He may be accompanied by sufficient force to ensure that the person cannot…

In criminal and correctional matters, committal orders may only be issued in execution of the order provided for in Article 145. The officer responsible for executing the committal order will hand over the person concerned to the head of the prison, who will issue an acknowledgement of this handover.