Chapter I: General provisions

The police and gendarmerie units may, ex officio or on the instructions of the public prosecutor or the sentence enforcement judge, apprehend any convicted person for whom the second paragraph of article 131-9 or the second paragraph of Article 131-11 of the Penal Code or placed under the supervision of the sentence enforcement judge and in respect of whom there are one or more plausible grounds for suspecting that he or she has not complied with the obligations imposed by his or her sentence. The person may then, on the decision of a judicial police officer, be detained for a maximum of twenty-four hours in a police or gendarmerie premises, so that their situation can be checked and they can be heard on the breach of their obligations.

As soon as the detention measure begins, the judicial police officer informs the public prosecutor or the sentence enforcement 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 he or she understands, of the maximum duration of the measure, the nature of the obligations 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 her employer notified and, if she is a foreign national, the consular authorities of the State of which she is 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 the 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 his identity, to make statements, answer questions put to him or remain silent.

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.

If the person is placed under the supervision of the sentence enforcement judge, the powers conferred on the public prosecutor by articles 63-2 and 63-3 are exercised by that judge or, if that judge is unable to act, by the public prosecutor.

Article 64 shall apply to this measure of detention.

At the end of the detention measure, the public prosecutor or the sentence enforcement judge may order that the person be brought before the sentence enforcement judge under the conditions provided for in articles 803-2 and 803-3, if necessary to order his provisional incarceration.

The public prosecutor or the sentence enforcement judge may also, each for the measures for which they are responsible, ask an officer or agent of the judicial police to notify the person that he or she has been summoned to appear before him or her at a later date, and then to end the person's detention.