French Code of Criminal Procedure
In forceI. - Any person who is the subject of an identity check or verification as provided for in this chapter may, where this check or verification reveals that there are serious grounds for believing that his or her behaviour may be linked to terrorist activities, be detained on the spot or in the police station where he or she is taken for a check of his or her situation by a judicial police officer allowing consultation of the automated processing of personal data covered by the article 31 de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, selon les règles propres à chacun de ces traitements et, le cas échéant, d'interroger les services à l'origine du signaler de l'intéressé ainsi que des organismes de coopération internationale en matière de police judiciaire ou des services de police étrangers.
Detention may not give rise to a hearing.
The public prosecutor with territorial jurisdiction shall be informed as soon as detention begins.
II. - 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:
1° Of the legal basis for their placement in detention;
2° Of the maximum duration of the measure;
3° Of the fact that the detention to which they are subject may not give rise to a hearing and that they have the right to remain silent;
4° Of the fact that they benefit from the right to have the judicial police officer notify any person of their choice as well as their employer.
If the judicial police officer considers, due to the necessities associated with the detention, that this request should not be granted, he or she shall refer the matter without delay to the public prosecutor, who shall decide whether or not to grant the request.
Unless there are insurmountable circumstances, which must be mentioned in the record, the steps required of the judicial police officer under the first paragraph of this 4° must be taken, at the latest, within two hours of the time when the person made his request.
III. - In the case of an eighteen year old minor, the detention is subject to the express agreement of the public prosecutor. The minor must be assisted by his or her legal representative, unless this is duly justified.
IV. - The person whose situation is being checked may only be detained for the time strictly necessary to carry out the checks mentioned in the first paragraph of I, for a period that may not exceed four hours from the start of the check carried out.
The public prosecutor may end the detention at any time.
The judicial police officer shall state in a report the reasons justifying the administrative situation check and the conditions under which the person was brought before him, informed of his rights and given the opportunity to exercise them. It specifies the day and time at which the check was carried out, the day and time at which the detention ended and the duration of the detention.
This report is presented to the person for signature. If the person refuses to sign it, a note is made of the refusal and the reasons for it. The report shall be forwarded without delay to the public prosecutor, a copy having been given to the person.
V. - The prescriptions listed in this article are imposed on pain of nullity.
