The administrative authority competent to propose to the liberty and custody judge that the hearing take place with the use of audiovisual telecommunication means, as provided for in article L. 743-8, is the departmental prefect and, in Paris, the police prefect.
At the hearing, the administrative authority that ordered the placement in detention or its representative, is heard at its request or that of the liberties and detention judge.The foreign national, unless he or she does not appear, although duly summoned, and, if applicable, his or her lawyer, are heard. The judge appoints an interpreter if the foreign national does not sufficiently speak French.The public prosecutor may make his opinion known.
The order of the liberty and custody judge is handed down within forty-eight hours of its referral. It is notified on the spot to the parties present at the hearing, who acknowledge receipt. The judge shall orally inform the parties present of the time limit for appeal and the procedures by which this remedy may be exercised and shall simultaneously inform them that only the appeal lodged by the public…
When an order terminates the foreign national’s detention and the public prosecutor considers that he does not need to request the first president to declare the appeal suspensive, he returns the order to the magistrate who issued it, stating on it that he does not oppose its enforcement. The measure to keep the foreign national at the disposal of the justice system is then immediately terminated.
The provisions of articles R. 732-5 and R. 733-4 to R. 733-13 are applicable to foreign nationals placed under house arrest pursuant to article L. 743-13.
The order of the liberty and detention judge may be appealed to the first president of the court of appeal, within twenty-four hours of its pronouncement, by the foreign national, the departmental prefect and, in Paris, the police prefect. If the foreign national does not attend the hearing, the time limit runs from the date of notification. The time limit thus provided for is calculated and extended in accordance with…
On pain of inadmissibility, the statement of appeal shall state the grounds on which it is based. It shall be transmitted by any means to the registry of the court of appeal, which shall register it, mentioning the date and time.The registrar of the court of appeal shall immediately notify the registrar of the judicial court, who shall transmit the file to him without delay.
When the public prosecutor intends to ask the first president of the court of appeal to declare his appeal suspensive, he shall lodge an appeal within the ten-hour time limit provided for in article L. 743-22. It shall notify the declaration of appeal, immediately and by any means, to the administrative authority, to the foreign national and, where applicable, to his lawyer, who shall acknowledge receipt thereof.The notification shall state…
The first president of the court of appeal or his delegate shall rule on the request to declare the appeal suspensive, after the foreign national or his counsel has been given the opportunity to submit his observations, in accordance with the procedures defined in article R. 743-12.The decision of the first president or his delegate on the suspensive nature of the appeal is brought to the attention of the foreign…
When the first president of the court of appeal or his delegate considers rejecting a statement of appeal as manifestly inadmissible, he shall by all means obtain the observations of the parties on this inadmissibility.In particular, statements of appeal lodged late and statements of appeal that are not reasoned are manifestly inadmissible within the meaning of the first paragraph of article L. 743-23. .
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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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