When a foreigner detained for the purposes of verifying his identity pursuant to article 78-3 of the Code of Criminal Procedure is unable to prove his right to move or reside in France, the provisions of article L. 813-1 are applicable.
The foreign national may only be detained for the time strictly required to examine his or her right of movement or residence and, where applicable, to pronounce and notify the applicable administrative decisions. Detention may not exceed twenty-four hours from the start of the check referred to in article L. 812-2.In the case provided for in article L. 813-2, the duration of detention carried out for the purposes of identity…
The public prosecutor is informed as soon as the detention begins and may terminate it at any time.
A foreign national who is notified that he or she is to be detained pursuant to article L. 813-1 shall immediately be informed by the judicial police officer or, under the latter’s supervision, by the judicial police agent, in a language that he or she understands or can reasonably be presumed to understand, of the reasons for his or her detention, the maximum duration of the measure and the fact…
The detained foreign national’s lawyer may, upon arrival at the place of detention, communicate with the foreign national for thirty minutes, under conditions that guarantee the confidentiality of the interview.The foreign national may request that the lawyer attend his or her hearings. In this case, the first hearing, unless it only concerns identity details, may not begin without the presence of the lawyer before the expiry of a period of…
If special circumstances so require, the criminal investigation police officer will personally notify the foreign national’s family and the person chosen by the foreign national of his or her detention.If necessary, he or she will inform the public prosecutor for the purposes of an investigation in the interests of the children.
The judicial police officer or, under the officer’s control, a judicial police officer, shall conduct interviews with the detained foreign national.Under the control of the judicial police officer, the foreign national shall be given the opportunity to provide the required documents and papers by any means. If necessary, the necessary checks are carried out. The foreign national is given the opportunity to provide the required documents by any means under…
Only for the purposes of verifying the right of movement and residence, the foreign national’s luggage and personal effects may be inspected and searched, under the supervision of the judicial police officer and in the presence of the foreign national, with the latter’s agreement or, failing that, after informing the public prosecutor by any means.If an offence is discovered, a report shall be drawn up separate from that provided for…
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…
During detention, when his participation in verification operations is not necessary, the foreign national may not be placed in a room occupied simultaneously by one or more persons in police custody.
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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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