Regulatory part - Council of State decrees

The following shall not be considered as giving rise to an initial assignment within the meaning of the penultimate paragraph of article 16, the stages of the curriculum during which the gendarmerie officers referred to in 2° of the same article benefit, for the purposes and as part of their initial and additional training, from the status of judicial police officer. In this case, an authorisation is issued for the…

Military members of the gendarmerie referred to in 2° of Article 16 may only be authorised to effectively exercise the attributions attached to their status as judicial police officers when they are assigned to a job involving the exercise of these attributions.

The request for authorisation is addressed to the public prosecutor at the court of appeal in whose jurisdiction the judicial police officer is first assigned. This request is forwarded by: a) The director general of the national gendarmerie for regional commanders, commanders of gendarmerie formations directly attached to the central administration and heads of services and commanders of units with national jurisdiction; b) The gendarmerie regional commander for commanders of…

The request shall specify the nature of the duties entrusted to the judicial police officer and the department or unit in which he or she will be called upon to perform them on a regular basis. It shall also specify whether, during a previous assignment, the person has been definitively sanctioned for disciplinary faults constituting breaches of honour, probity or serious professional shortcomings. The Public Prosecutor to whom the request…

When the judicial police officer is called upon to habitually perform his duties as a judicial police officer throughout the territory of the Republic, the request for authorisation is addressed to the public prosecutor at the Paris court of appeal.

The Public Prosecutor grants or refuses, by order, authorisation to effectively exercise the attributions attached to the status of judicial police officer. When considering refusing authorisation, the Public Prosecutor informs the interested party, specifying that he may, within a period of fifteen days, examine his file and be heard, where appropriate, with the assistance of counsel of his choice.

The Public Prosecutor of the place where the judicial police officer usually carries out his duties shall order the withdrawal or, for a period not exceeding two years, the suspension of the authorisation to exercise the powers attached to the status of judicial police officer, by order issued either ex officio or on the proposal of the commander of the gendarmerie group or regional commander. The public prosecutor will first…

When serving in the operational reserve of the national gendarmerie, retired members of the national gendarmerie who have had the status of judicial police officer during their activity may be authorised, under the conditions and according to the procedures set out in articles R. 15-2-2 to R. 15-2-6, to exercise the powers attached to this status for a period of five years from the date of their retirement. When serving…

The request for authorisation is sent to the public prosecutor at the court of appeal in whose jurisdiction the reservist’s first posting is located. Depending on the unit or service of this first posting of the reservist the request is forwarded by the commander of the gendarmerie region, the commander of the departmental gendarmerie group, the commander of the gendarmerie in the overseas departments and collectivities and in New Caledonia,…