Subsection 1: Judicial supervision

The police and gendarmerie units may, ex officio or on the instruction of the investigating judge, apprehend any person placed under judicial supervision against whom there are one or more plausible grounds for suspecting that he or she has failed to comply with the obligations incumbent upon him or her under 1°, 2°, 3°, 8°, 9°, 14°, 17° and 17° bis of article 138. The person may then, on the decision of a judicial police officer, be held for a maximum of twenty-four hours in a police or gendarmerie premises so that his situation can be verified and he can be heard on the breach of his obligations.

As soon as the measure begins, the judicial police officer informs the investigating judge.

The detained person is immediately informed by the judicial police officer or, under the officer's supervision, by a judicial police officer, in a language that he or she understands, of the maximum duration of the measure, the nature of the obligations that he or she is suspected of having violated and the fact that he or she benefits from:

1° The right to have a close relative and their employer notified and, if they are a foreign national, the consular authorities of the State of which they are a national, in accordance with Article 63-2;

2° The right to be examined by a doctor, in accordance with Article 63-3;

3° Of the right to be assisted by a lawyer, in accordance with Articles 63-3-1 to 63-4-3 ;

4° Where appropriate, the right to be assisted by an interpreter;

5° The right, during hearings, after stating their identity, to make statements, answer questions put to them or remain silent.

The powers conferred on the public prosecutor by Articles 63-2 and 63-3 are exercised by the investigating judge.

The detention is carried out in conditions that ensure respect for the dignity of the person. Only strictly necessary security measures may be imposed on the detained person.

The detained person may not be subjected to internal bodily investigations during their detention by the police service or gendarmerie unit.

Article 64 is applicable to the present detention measure.

At the end of the measure, the investigating judge may order that the person be brought before him, if necessary so that he may refer the matter to the liberty and custody judge for the purpose of revoking the judicial supervision.

The investigating judge may also ask an officer or agent of the judicial police to notify the person that he is to be summoned before him at a later date.

This article is also applicable to persons placed under house arrest with electronic surveillance.