During detention, when his participation in verification operations is not necessary, the foreign national may not be placed in a room occupied simultaneously by one or more persons in police custody.
The measures of restraint applied to foreign nationals detained pursuant to article L. 813-1 are strictly proportionate to the need for verification operations and for keeping them at the disposal of the judicial police officer.Foreign nationals may only be handcuffed or shackled if they are considered to be either dangerous to others or to themselves, or likely to attempt to abscond.
The judicial police officer or, under his supervision, a member of the judicial police, will record in a report the reasons for the check, the verification of the person’s right to move or reside and the conditions under which the person was brought before him, informed of his rights and given the opportunity to exercise them. It specifies the day and time of the start and end of the detention…
If it is not followed, with regard to the foreign national who has been detained, by any investigation or enforcement procedure addressed to the judicial authority or has not given rise to any administrative decision, the verification of the right of movement or residence may not give rise to any storage on files. The report and all documents relating to the check are destroyed within six months of the end…
If it becomes apparent during the foreign national’s detention that he or she must be placed in police custody in accordance with articles 62 et seq. of the Code of Criminal Procedure, the duration of the detention is counted against the period of police custody. .
The requirements listed in this chapter are imposed on pain of nullity, subject to the provisions of article L. 743-12.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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