French Code of Criminal Procedure
In forceThe deputy judicial police officers mentioned in 1° bis, 1° ter, 1° quater and 2° of Article 21 are authorised to record the identity of offenders in order to draw up official reports concerning contraventions of the mayor's police orders, contraventions of the highway code that the law and regulations authorise them to record or contraventions that they may record by virtue of an express legislative provision.
If the offender refuses or is unable to prove his or her identity, the deputy judicial police officer referred to in the first paragraph shall immediately report the matter to any territorially competent officer of the national police or national gendarmerie, who may then immediately order the officer to present the offender to him or her immediately or to detain the offender for the time necessary for his or her arrival or that of a judicial police officer acting under his or her supervision. In the absence of such an order, the deputy judicial police officer referred to in the first paragraph may not detain the offender. The offender must remain at the disposal of an officer mentioned in the first paragraph for the time required to inform and decide on the matter. Violation of this obligation is punishable by two months' imprisonment and a fine of €7,500. When the judicial police officer decides to carry out an identity check, under the conditions provided for in Article 78-3, the period provided for in the third paragraph of this article runs from the time of the identity record.
