Custody

Initial duration

The duration of police custody is 24 hours, but this duration may be abbreviated or extended.

The 24-hour count starts at the very moment the suspect is detainedsometimes by force. For example, from the moment the suspect is stopped by a police officer.

The suspect must be informed immediately of his detention in police custody. However, this information may be given later if the situation does not allow it at the time when police custody begins (e.g. if the suspect is arrested on public roads).

Extension

Detention may be extended if the offense is punishable by a prison sentence of at least 1 year.

The extension must be the only way to reach one of the objectives who allowed custody initial, i.e.:

• Continue an investigation by ensuring the presence of the suspect
• Guarantee the presentation of the person before a magistrate
• Prevent destruction of evidence
• Prevent a consultation, i.e. not allow the person in custody to agree with his accomplices
• Prevent pressure on witnesses or victims
• Ensuring the cessation of the ongoing infringement

The initial period of police custody may be increased by 24 hours overtime (48 hours in total). This extension shall be decided by the public prosecutor in case of flagrante investigation or of preliminary investigation or by investigating judge in the context of a judicial information.

Prior to the extension, the suspect in custody may be heard by the magistrate (prosecutor or investigating judge) in court or by videoconference.

For the serious infringements, police custody may be extended to a total of 72 hours (or 96 hours in case of drug trafficking, aggravated murder... and 144 hours in case of terrorism). In these cases, the decision is taken by the investigating judge, during a judicial inquiry, or by the judge of liberties and detention (JLD) in other cases.

As part of a drug trafficking (drug trafficking), the presence of narcotic drugs in the body of the detainee may result in an additional 24-hour extension. Custody may reach a total duration of 120 hours. This decision is taken by the Judge of Liberties and Detention (JLD).

Right to legal assistance

The person held in custody may request the assistance of a lawyer from the beginning of the police custody and at any time during the custody. In this case, it must either appoint a lawyer herself that she knows, either ask for a lawyer ex officio clerk.

If the person in custody requests a lawyer, he or she must be heard in his presence or in the presence of a lawyer appointed by the court, unless she gives it up.

The lawyer must appear without delay at the audition. If he cannot be contacted or if he cannot appear within 2 hours, a public defender is appointed by the President of the Bar.

If the investigation warrants it (for example, in the event of danger to the life of a person), the public prosecutor may authorize in writing that an immediate hearing or confrontation be organized without waiting for the arrival of the lawyer.

On his arrival, the lawyer can speak with his client for up to 30 minutes and consult the following documents:

• Minutes of Hearing
• Minutes of detention in police custody
• Medical certificate (if established)
• Minutes of confrontations

In the event of an extension of police custody, the lawyer could once again meet with his client for a maximum of 30 minutes.

The lawyer may attend all interrogations and take notes. He or she may also assist the person in custody during a re-enactment or be present during an identification session in which the suspect participates.

At the end of each interrogation, the lawyer may ask questions. THEjudicial police officer (OPJ) may object only if such questions are such as to prevent the proper conduct of the investigation.

The lawyer may also make comments in which he may note the questions refused. Those observations are attached to the proceedings.

If the person in custody is transported to another location, his lawyer is immediately notified.

Right to contact a relative and an employer

Suspect has the right to notify your employer, a relative or any person of his choice of his custody.

In order to retain or obtain new evidence, the investigating magistrate may decide that the person is not notified, or that he or she is notified later. For example, if it is necessary to conduct a search, in order to avoid concealing evidence, the public prosecutor may delay the moment when he notifies the person chosen by the suspect.

The prosecutor may also delay or even withhold information from the designated person to prevent serious harm to a person's life, liberty or physical integrity. This is the case, for example, if the prosecutor fears that a family member of the suspect will assault the complainant or a witness.

The accused person may appoint a lawyer to hold him in custody. This designation must be confirmed by the detainee.

The person in custody may request to communicate with a person of his choice in writing, by telephone, or to have an interview. The OPJ can refuse if this communication risks disrupting the investigation and allowing a new offense.

Right to be examined by a doctor

The detainee may request to be examined by a doctor. In particular, the doctor must decide on the compatibility of police custody with the suspect's condition. The medical certificate is on file.

In case of extension of his custody, the suspect may be examined a second time. A medical examination by teleconsultation (remote consultation) may be authorized by the public prosecutor and with the agreement of the detainee.

At any time, the public prosecutor or an OPJ may arrange for a medical examination of the person in custody.

The medical examination may also be requested by a family member or by the person notified of his or her detention. In this case, the examination is compulsory unless it is already provided for at the request of the detainee or on the initiative of the public prosecutor or the OPJ.

Right to be assisted by an interpreter

If he does not speak French, the detainee has the right to assistance by an interpreter in a language he understands. The interpreter may intervene by means of telecommunications (telephone, videoconferencing...).

If the person is deaf and cannot read or write, he or she must be assisted by a sign language interpreter or by any qualified person.

Right to remain silent

The person in custody has the right to make statements, answer questions or remain silent.

His only obligation is to reveal his identity.

Right to make observations in case of extension of police custody

Suspect can do comments on the extension of police custody when presented to the magistrate responsible for making the decision.

If the person in custody is not brought before a magistrate, he may record his observations in a minutes of the hearing on the extension of the measure. The minutes shall be communicated to the magistrate before he decides on the possible extension of the measure.

Right to consult certain minutes

The man in custody has the right to read, as soon as possible and at the latest before any extension of police custody, some minutes.

He can ask to read the minutes of police custody, the minutes of hearings and if it exists, the medical certificate from the doctor who came to examine him.

Notifications of entitlements

The judicial police officer (OPJ) must inform from the beginning of police custody the person held in custody of the following:

• Beginning of custody, duration and possibility of extension of its initial duration
• Offense she is suspected of having committed, date and place of the presumed
• Objectives of police custody
• Set of its rights (right to be examined by a doctor, right to be assisted by a lawyer, right to remain silent...).

A written statement setting out all these rights is given to the person in custody when he is informed of the beginning of his custody.

If necessary, the notification must take place in a language that the detainee understands.

Palpation or search

The person in custody may be subject to a security pat-down or search if necessary for the investigation.

These acts are carried out by the police or gendarmerie:

• Manual palpation or with electronic detection. An officer, of the same sex as the person being searched, touches him on his clothes. This officer may ask her to remove certain clothing, but full stripping is prohibited. The purpose of this palpation is to verify that the suspect in custody does not have a dangerous object on him. Consent is not mandatory.
• Full Search if the 2 above acts are insufficient. It must be indispensable for the investigation. The suspect in custody may be required to strip. This search must be decided by an OPJ and carried out by a person of the same sex as the person searched, in a closed place.

Only a doctor can perform a search the body. It is used if the suspect in custody is suspected of hiding an object inside his body (drug pellets for example).

Acts of investigation

Conducting hearings, transport, identification

Suspect may be auditioned and confronted as long as the custody is not over. The statements made at each hearing or during each confrontation are recorded in a minutes.

Detainees are sometimes required to take part in a reconstitution operation of the offense or suspect identification session of which he is a part.

It can be transported to the scene (e.g. transport to the scene of the offense).

Feeding Survey Files

One photograph custody can be taken to feed the file Taj: titleContent.

For the purposes of the investigation, the fingerprints of the person held in custody may be recorded and recorded at Faed: titleContent

For certain serious offenses (rape, aggravated fraud, murder, ...), the biological fingerprints from the person in custody are taken to feed the Fnaeg: titleContent.

Respect for the dignity of the detainee

All acts carried out during police custody must be carried out under conditions ensuring the respect for the dignity of the person.

The detainee must be able to benefit from rest time. Between the investigative acts in which he participates, the detainee is placed in a cell in which a mattress and a blanket must be made available. The cell must be kept in a good state of cleanliness by daily cleaning.

The detainee must be able to drink water and enjoy hot meals, during normal hours.

The searches or palpations must be carried out out out out of sight and by same-sex personnel.