French Code of Criminal Procedure
In forceThe judicial police officer may take, or have taken under his control, from any person likely to provide information on the facts in question or from any person in respect of whom there are one or more plausible grounds for suspecting that he has committed or attempted to commit the offence, the external samples required to carry out technical and scientific examinations for comparison with the traces and evidence taken for the purposes of the investigation.
He shall carry out, or have carried out under his supervision, the identification operations and, in particular, the taking of fingerprints, palm prints or photographs required to feed and consult police files in accordance with the rules specific to each of these files.
The judicial police officer may also carry out, or have carried out under his supervision, operations enabling the recording, comparison and identification of traces and clues as well as the results of identification operations in the files mentioned in the second paragraph, in accordance with the rules specific to each of these files.
The refusal, by a person against whom there are one or more plausible reasons to suspect that he has committed or attempted to commit an offence, to submit to the taking of samples, mentioned in the first and second paragraphs ordered by the judicial police officer is punishable by one year's imprisonment and a fine of 15,000 euros.
Without prejudice to the application of the penultimate paragraph, when the taking of fingerprints or palm prints or a photograph constitutes the sole means of identifying a person who is heard pursuant to Articles 61-1 or 62-2 for a felony or misdemeanour punishable by at least three years' imprisonment and who refuses to prove their identity or provides manifestly inaccurate identity details, this operation may be carried out without that person's consent, with the written authorisation of the public prosecutor who receives a reasoned request from the judicial police officer. The criminal investigation police officer or, under his supervision, a criminal investigation police officer will use restraint to the extent strictly necessary and in a proportionate manner. Where appropriate, the officer shall take account of the person's vulnerability. This operation is recorded in a report, which states the reasons why it is the only means of identifying the person and the day and time when it was carried out. The report is forwarded to the public prosecutor, and a copy is given to the person concerned.
The report is sent to the public prosecutor.
