The detailed rules for the application of articles L. 733-1 to L. 733-4 are set by decree in the Conseil d’Etat.
If a foreign national placed under house arrest pursuant to articles L. 731-1, L. 731-3, L. 731-4 or L. 731-5 has failed, without legitimate reason, to comply with a request to be presented to the consular authorities of the country of which he or she may reasonably be assumed to be a national, with a view to the issue of a travel document, the administrative authority may have him or…
When the voluntary obstruction of the foreign national referred to in article L. 733-6 prevents him or her from being taken to the consular authorities, the administrative authority may, after duly noting this obstruction, ask the liberties and detention judge to authorise it to request the police or gendarmerie units to visit the foreign national’s home. The purpose of this visit is to ensure that the foreign national is present,…
When the voluntary obstruction of a foreign national placed under house arrest pursuant to articles L. 731-1, L. 731-3, L. 731-4 or L. 731-5 hinders the automatic enforcement of the removal decision, the administrative authority may, after duly noting this obstruction, ask the liberties and detention judge to authorise it to request the police or gendarmerie units to visit the foreign national’s home. The purpose of this visit is to…
The liberty and custody judge, to whom a request has been made pursuant to articles L. 733-7 or L. 733-8, shall give a ruling within twenty-four hours.On pain of nullity, his decision shall state the reasons on which it is based. It shall mention the address of the premises in which the inspection operations may be carried out.
The order of the liberty and custody judge authorising the visit to the foreign national’s home is enforceable for ninety-six hours on the basis of the minutes alone.It is notified on the spot to the foreign national in a language he or she understands or, failing that, to the occupant of the premises, who receives a full copy against receipt. The act of notification shall mention any appeal procedures.
Visiting operations are carried out under the supervision of the magistrate who authorised them, who may visit the premises to ensure compliance with the legal provisions. These operations may not be started before 6 am or after 9 pm. They may not, on pain of nullity, have any purpose other than the enforcement of the removal order referred to in the decision of the liberty and custody judge.A report shall…
The order referred to in article L. 733-10 may be appealed to the first president of the court of appeal or his delegate, who shall be seised without formality and shall rule within forty-eight hours from the date of seisin.The appeal shall not have suspensive effect.The first president of the court of appeal or his delegate may, by reasoned order and without having first summoned the parties, reject statements of…
The detailed rules for the application of articles L. 733-6 to L. 733-12 are set by decree in the Conseil d’Etat.
A foreign national sentenced to deportation from French territory for acts of terrorism under Title II of Book IV of the Criminal Code, or subject to a deportation order issued for behaviour related to terrorist activities, and who is placed under house arrest pursuant to 6° or 7° of article L. 731-3 or article L. 731-4 may be placed under mobile electronic surveillance.This placement is ordered by the administrative authority,…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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