Section 6: Mandates and their execution

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.

The person discovered by virtue of a search warrant is placed in police custody by the judicial police officer at the place of discovery, in accordance with the procedures set out in Article 154. The investigating judge hearing the case is informed of this as soon as police custody commences. Without prejudice to the possibility of the judicial police officer who has already received a letter rogatory to interview the…

If the person who is the subject of an arrest warrant is discovered after the settlement of the information, the procedure shall be in accordance with the provisions of this article. The public prosecutor of the place of arrest shall be notified as soon as the police or gendarmerie services begin to detain the person. During this detention, the provisions of article 133-1 shall apply. Detention may not last more…

Any arrest warrant or search warrant is entered in the wanted persons file at the request of the investigating judge or public prosecutor. When the person is referred to the trial court by a decision that has become res judicata, the file manager is informed so that the provisions of article 135-2.

Failure to comply with the formalities prescribed for appearance warrants, committal warrants, detention warrants, arrest warrants and search warrants may give rise to disciplinary sanctions against the investigating judge, the liberty and custody judge or the public prosecutor. These provisions are extended, subject to the application of more severe penalties, where applicable, to any violation of the measures protecting individual freedom prescribed by the articles 56, 57, 59, 96, 97,…