The foreign national is kept at the disposal of the courts under conditions set by the public prosecutor for the time strictly necessary for the hearing to take place and for the order to be made.
On an exceptional basis or in the event of a deliberate attempt by the foreign national to prevent his or her departure, detention in the waiting area for more than twelve days may be renewed, under the conditions laid down in this chapter, by the liberty and detention judge, for a period which he or she determines and which may not exceed eight days.
The liberty and custody judge shall rule by order within twenty-four hours of the matter being referred to him or her or, where the requirements of the investigation so dictate, within forty-eight hours thereof. The judge shall rule after hearing the person concerned, or his or her counsel if he or she has one, or the latter having been duly notified.
The liberty and custody judge rules at the seat of the judicial court. However, if a courtroom allocated to the Ministry of Justice enabling him to rule in public has been specially arranged on the railway, port or airport right of way, he shall rule in that room.Subject to the application of Article 435 of the Code of Civil Procedure, the juge des libertés et de la détention shall rule…
By decision of the liberty and custody judge taken on a proposal from the administrative authority, the hearings provided for in this section may be held with the use of audiovisual telecommunication means guaranteeing the confidentiality of the transmission. A record of the operations carried out shall then be drawn up in each of the two hearing rooms open to the public. >
On pain of inadmissibility, pronounced ex officio, no irregularity prior to the hearing relating to the first extension of the holding period in the waiting area may be raised at the hearing relating to the second extension.
In the event of a breach of the formalities prescribed by law on pain of nullity or failure to observe essential formalities, the liberty and custody judge hearing an application on this ground or who notes such an irregularity of his own motion may only order the release of the person being held in the waiting area where this irregularity has had the effect of infringing the rights of the…
The existence of guarantees of representation for the foreign national is not in itself likely to justify refusal to extend his or her stay in the waiting zone.
When an order by the liberty and detention judge puts an end to the holding in the waiting zone, it is immediately notified to the public prosecutor.The foreign national is held at the disposal of the courts for a period of ten hours from this notification, unless the public prosecutor decides otherwise.
The orders of the liberties and detention judge referred to in this section may be appealed to the first president of the court of appeal or his delegate.The appeal may be lodged by the foreign national, the public prosecutor and the competent administrative authority.The first president of the court of appeal or his delegate is seised without form and must give a ruling within forty-eight hours of the referral.
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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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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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