Paragraph 2: House arrest as an alternative to detention

The judge may only order the foreign national to be placed under house arrest if he or she has effective guarantees of representation.The judge may only order the foreign national to be placed under house arrest if he or she has given the original passport and any document proving his or her identity to a police service or gendarmerie unit, in exchange for a receipt valid as proof of identity…

The liberties and detention judge determines the places in which the foreign national is assigned to residence. At the judge’s request, the foreign national shall provide evidence that the premises assigned to his or her main residence proposed for the assignment meet the requirements of effective guarantees of representation.

The foreign national assigned to residence pursuant to article L. 743-13 shall report daily to the police services or gendarmerie units territorially competent with regard to the place of assignment, with a view to enforcing the removal decision.

In the event of house arrest pursuant to article L. 743-13, the provisions of articles L. 732-7 and L. 733-6 to L. 733-12 shall apply.The detailed rules for the application of this article shall be laid down by decree in the Conseil d’Etat.

Failure to comply with the requirements of house arrest is penalised in accordance with the conditions laid down in article L. 824-4. The matter is then referred to the public prosecutor as soon as possible.