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Article L813-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

If the foreign national does not provide information enabling an assessment to be made of his/her right to move or reside, the verification operations may give rise, after informing the public prosecutor, to the taking of fingerprints or photographs in order to establish the person’s situation. Fingerprints and photographs are collected with a view to establishing the foreign national’s right to move or reside and may only be stored and…

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Article L813-12 of the French Code governing the entry and residence of foreign nationals and the right of asylum

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.

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Article L813-13 of the French Code governing the entry and residence of foreign nationals and the right of asylum

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…

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Article L813-14 of the French Code governing the entry and residence of foreign nationals and the right of asylum

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…

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Article L814-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The competent administrative authority, police services and gendarmerie units are empowered to detain the passport or travel document of foreign nationals in an irregular situation.In exchange, they issue them with a receipt valid as proof of their identity and on which the date of detention and the arrangements for returning the detained document are mentioned.

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