Chapter Ia: State of health emergency

I. – Subject to the powers of the Prefect of Police referred to inarticle 73-1 of decree no. 2004-374 of 29 April 2004 on the powers of prefects and the organisation and operation of State services in the regions and departments, the State representative in the department responsible for ordering the measures referred to in the first paragraph of II of article L. 3131-17 is the Prefect responsible for the…

I. – The person placed in quarantine or solitary confinement pursuant to II of article L. 3131-17, as well as the public prosecutor, may at any time apply to the liberty and custody judge for the release of the quarantine or solitary confinement measure. The matter is referred to the judge by petition sent to the clerk’s office by any means. On pain of inadmissibility, the request shall be reasoned…

The order of the liberty and custody judge may be appealed to the first president of the court of appeal or his delegate within five days of its notification. The First President of the Court of Appeal or his delegate shall then give a ruling without delay. The provisions of article R. 3131-20 apply before the Court of Appeal.

When the person who is the subject of the measure is a minor, the rights mentioned in articles R. 3131-20 and R. 3131-24 are exercised by the persons exercising parental authority or the guardian. Where the person is of full age and is the subject of a legal protection measure with assistance or representation of the person, they are exercised by the person benefiting from this measure or by the…

On a proposal from the Director General of the Regional Health Agency, the Prefect shall refer the matter to the liberty and custody judge for the purpose of extending the quarantine or isolation measure beyond fourteen days pursuant to the fifth paragraph of II of article L. 3131-17 if the quarantine or isolation measure prohibits the person concerned from leaving the place where the quarantine or isolation is taking place…

No later than the twelfth day of the measure, the person who is the subject of the measure and, where applicable, his or her lawyer, as well as the public prosecutor, may submit observations to the liberty and custody judge. At the end of this period, the liberty and custody judge shall rule in accordance with an exclusively written procedure. The judge may decide to use audiovisual or telephone means,…

If the liberty and custody judge has not given a ruling before the expiry of the fourteen-day period provided for in article R. 3131-24, the quarantine or isolation measure is released at the end of this period.