Section 2: Unrestricted hearing and police custody

The officer or agent of the judicial police responsible for the arrangements for police custody may request by any means an officer or agent of the judicial police belonging to a territorially competent service other than the one in charge of the investigation to carry out the following steps: 1° Notify the persons mentioned in article 63-2; 2° Contact the lawyer appointed or assigned to assist the person in police…

The summary record of police custody provided for in Article 64 shall mention the information given and requests made pursuant to Articles 63-2 to 63-3-1 and the action taken on them, without it being necessary to draw up a report for each of the steps taken to exercise these rights.

The report drawn up pursuant to article 61-1 states that the person has been informed of their right to request the assistance of a lawyer from the start of the hearing or at any time during the hearing. Where a summons has been sent to the person in advance, it shall indicate, where appropriate, that the person may appoint a lawyer immediately or at any time during the hearing.

The report drawn up pursuant to article 63-1 states that the person has been informed of their right to request the assistance of a lawyer from the start of police custody or at any time during its course.

Any person placed in police custody who has requested the assistance of a lawyer pursuant to article 63-3-1 who is moved to a place other than that of the investigating department may not be interviewed in that place if his lawyer has not been notified of the move in accordance with Article 63-4-3-1.

If a person of full age is taken into police custody, the officer or agent of the judicial police shall ask whether he or she is the subject of a legal protection measure, in order to implement the provisions of Article 706-112-1 and Article D. 47-14. The same applies in the event of the detention of a person pursuant to articles 133-1,141-4,709-1-1and 716-5.

For the application of the provisions of Article 64-1 relating to the audiovisual recording of the questioning of a person held in police custody for a crime, account shall be taken of the nature of the offence of which that person is informed in accordance with the provisions of the first paragraph of article 63-1, without prejudice to a new characterisation of the facts at any time during the proceedings…

The public prosecutor who, pursuant to article 63-8, orders the transfer of a person from police custody may have the person brought before him or before a delegate authorised in accordance with articles R. 15-33-30 to R. 15-33-37, so that one of the measures in article 41-1 or a composition pénale provided for by article 41-2.