Regulatory part - Council of State decrees

The national police officers referred to in 3° of Article 16 may only be authorised to effectively exercise the powers attached to their status as judicial police officers when they are assigned to a post involving the exercise of such powers. For each civil servant assigned to such a post, a request for authorisation is sent by the head of the department to which the civil servant belongs, to the…

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 will 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 an order issued either ex officio or on the proposal of the head of department. The Public Prosecutor will first hear the judicial police…

When serving in the national police’s operational reserve, retired national police officers who were judicial police officers during their active service may be authorised, under the terms and conditions set out in articles R. 15-6-2 to R. 15-6-6, to exercise the powers attached to this status for a period of five years from the date of their retirement. When serving in the operational reserve of the national gendarmerie, retired civil…

The request for authorisation shall be addressed to the public prosecutor at the court of appeal within whose jurisdiction the reservist’s first assignment takes place. This request is forwarded by the head of the department to which the reservist belongs.