Section 1: Detention

If, during a check referred to in article L. 812-2, it appears that a foreign national is unable to prove his right to move or reside in France, he may be detained for the purposes of verifying his right to move or reside on French territory. In this context, the foreign national may be taken to a police or gendarmerie station and held there by a judicial police officer from…

When a foreigner detained for the purposes of verifying his identity pursuant to article 78-3 of the Code of Criminal Procedure is unable to prove his right to move or reside in France, the provisions of article L. 813-1 are applicable.

The foreign national may only be detained for the time strictly required to examine his or her right of movement or residence and, where applicable, to pronounce and notify the applicable administrative decisions. Detention may not exceed twenty-four hours from the start of the check referred to in article L. 812-2.In the case provided for in article L. 813-2, the duration of detention carried out for the purposes of identity…

The public prosecutor is informed as soon as the detention begins and may terminate it at any time.