Call Us + 33 1 84 88 31 00

Article L813-12 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The measures of restraint applied to foreign nationals detained pursuant to article L. 813-1 are strictly proportionate to the need for verification operations and for keeping them at the disposal of the judicial police officer.Foreign nationals may only be handcuffed or shackled if they are considered to be either dangerous to others or to themselves, or likely to attempt to abscond.

Read More »

Article L813-13 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The judicial police officer or, under his supervision, a member of the judicial police, will record in a report the reasons for the check, the verification of the person’s right to move or reside and the conditions under which the person was brought before him, informed of his rights and given the opportunity to exercise them. It specifies the day and time of the start and end of the detention…

Read More »

Article L813-14 of the French Code governing the entry and residence of foreign nationals and the right of asylum

If it is not followed, with regard to the foreign national who has been detained, by any investigation or enforcement procedure addressed to the judicial authority or has not given rise to any administrative decision, the verification of the right of movement or residence may not give rise to any storage on files. The report and all documents relating to the check are destroyed within six months of the end…

Read More »

Article L814-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The competent administrative authority, police services and gendarmerie units are empowered to detain the passport or travel document of foreign nationals in an irregular situation.In exchange, they issue them with a receipt valid as proof of their identity and on which the date of detention and the arrangements for returning the detained document are mentioned.

Read More »

Article L821-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

It is punishable by one year’s imprisonment and a fine of €3,750 for a foreign national to enter mainland France:1° Without fulfilling the conditions mentioned in points a, b or c of paragraph 1 of Article 6 of Regulation (EU) No 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders…

Read More »

Article L821-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

It is punishable by one year’s imprisonment, a fine of €3,750 and a three-year ban from French territory for, for a foreign national who has been checked when crossing the border from a country that is not a party to the Convention signed in Schengen on 19 June 1990 without fulfilling the entry conditions provided for in Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the…

Read More »

Article L821-3 of the French Code governing the entry and residence of foreign nationals and the right of asylum

A foreigner who fails to present the competent administrative authority with the travel documents required to enforce a decision refusing entry into France or, in the absence of such documents, fails to provide the information required to enforce the decision or provides inaccurate information about his or her identity, shall be liable to three years’ imprisonment.A foreigner convicted under this article shall be liable to a supplementary penalty of ten…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.