Title II: Investigations and identity checks

Without prejudice to the exercise of the rights of the defence, the lawyer may not disclose to anyone during the period of police custody either the discussions with the person he is assisting or the information he has obtained by consulting the minutes and attending the hearings and confrontations.

If the victim is confronted with a person in police custody, they may also ask to be assisted by a lawyer chosen by them or by their legal representative if they are a minor or, at their request, appointed by the President of the Bar. The victim is informed of this right before the confrontation takes place. At his request, the lawyer may consult the minutes of the hearing of…

Custody in police custody must be carried out in conditions that ensure respect for the dignity of the person. Only strictly necessary security measures may be imposed on the person in police custody.

Security measures designed to ensure that the person in police custody is not in possession of any object dangerous to himself or to others are defined by order of the competent ministerial authority. They may not consist of a full search. During their hearing, persons in police custody are provided with the objects whose wearing or possession is necessary to respect their dignity. This article shall also apply in the…

When it is essential for the purposes of the investigation to carry out a full search of a person in police custody, this must be decided by a judicial police officer and carried out in an enclosed area by a person of the same sex as the person being searched. A full search is only possible if it is not possible to carry out a pat-down search or use electronic…

At the end of police custody, the person is, on the instructions of the public prosecutor under whose supervision the investigation is being conducted, either released or brought before that magistrate. If the person is released at the end of police custody without any decision having been taken by the public prosecutor on the public prosecution, the provisions of Article 77-2 shall be brought to the person’s attention.

The public prosecutor responsible for being notified of police custody, monitoring its progress, ordering its extension and deciding on the outcome of the measure is the one under whose direction the investigation is being conducted. However, the public prosecutor of the place where the police custody is being carried out also has the power to monitor and order its extension.

I.-The judicial police officer shall draw up a report mentioning: 1° The reasons justifying the placement in police custody, in accordance with 1° to 6° of l’article 62-2 ; 2° The duration of the hearings of the person in police custody and the rest periods between these hearings, the times at which he or she was able to eat, the day and time from which he or she was held…

Hearings of persons held in police custody for a crime, carried out on the premises of a police or gendarmerie service or unit carrying out a judicial police mission, shall be subject to audiovisual recording. The recording may only be consulted, during the investigation or before the court of trial, if the content of the minutes of the hearing is contested, by decision of the investigating judge or the court…

If, while in police custody, the person is heard in proceedings for another offence and there are reasonable grounds to suspect that he or she has committed or attempted to commit this offence, the information provided for in 1°, 3° and 4° of Article 61-1 and be informed that they have the right to be assisted by a lawyer in accordance with Articles 63-3-1 to 63-4-3.