What is a free hearing of a major suspect?
Verified 08 July 2026 - Public Service / (Prime Minister)
In an investigation, a free hearing is the decision made by a police officer, a constable or a official with judicial police powers to hear a suspect in order to gather information about the commission of the offense. After a free hearing, the person heard may be released, reconvened or placed in a custody. We present you the information to know.
The free hearing of a suspect marks the beginning of an investigation. It allows to collect information with a suspect on the commission of a offense. Following this hearing and depending on the evidence gathered, other investigations may be considered (other free hearings, search...).)
The free hearing of a suspect concerns only the person in respect of whom there are plausible grounds for suspecting that participate or attempt to participate the commission of an offense.
An investigator may decide to hear freely a person suspected of having committed an offense in the following situations:
- Investigation of flagrance
- Preliminary investigation
- Survey on letter rogatory from investigating judge
- Customs investigation
- Hearing following a placement in security chamber, also called sobering cell
- Hearing following a alcohol or narcotics screening.
The summons may be made by:
- OPJ, APJ under the control of an OPJ
- Labor Inspector
- Environmental Inspector
- Officer of the Directorate-General for Competition and Fraud Prevention
- Agent of theArcom (formerly CSA and Hadopi): titleContent
- Customs Officer
The OPJ shall summon the suspect within the time limit it determines for the investigation. He is not obliged to hear that person immediately after the commission of the facts.
This summons can be written (mail...) or oral (telephone call...).)
When the summons is written, it shall include the following information:
- Nature, date and place of the infringementfor which the person is called
- Right to be assisted by counsel during the hearing if the offense concerned is punishable by a prison sentence
- Conditions of access to legal aid
- Methods of designating a public defender
- Places where legal advice may be obtained prior to this hearing.
He is mandatory to attend a police or gendarmerie summons.
Please note
The summons does not mention the reasons for the hearing if they may prompt the suspect to flee, destroy evidence or put pressure on the victim or witnesses.
Hearing
The interview takes place with a policeman or a gendarme, judicial police officer, or a official with judicial police powers.
Place of free hearing
If the person is summoned by a policeman or a gendarme, he is interviewed in the police or gendarmerie premises.
If the person is summoned by a public servant, he or she shall be heard in the premises of its administration (e.g. labor inspection, fraud enforcement, customs, tax administration).
Free presentation of the auditee
The person heard must appear freely in front of the investigator who summoned her.
The suspect can therefore not :
- Having been handcuffed during the journey
- Have been forced into the vehicle of police officers or gendarmes before this hearing
- Have been arrested and forcibly taken back to the investigators' premises.
Drafting of a minutes of a free hearing
During the interview, the interviewer who interviews the person writes a minutes which attests to the conduct of the hearing. The notification of the rights of the person being heard may be mentioned in the minutes of the hearing or in a specific minutes.
If the person is okay with the content of this document, she signs it.
If the person is disagree with the words transcribed, she can refuse to sign: the investigator will mention her refusal on the minutes.
The minutes shall remain in the OPJ procedural file. The person interviewed cannot obtain a copy of this document.
FYI
No video of free hearing is recorded.
Before the person is heard, the investigator must first verify his or her identity.
He must then give it to him orally the following information:
- Right to know the nature, date and place of the alleged infringement on the basis of the facts known at this stage of the procedure.
- Right to have a interpreter if she does not understand the French language. If the interpreter is unable to travel, assistance may be provided by means of telecommunications.
- Right to answer questions
- Right to make spontaneous statements
- Right to keep quiet
- Right to leave the premises at any time where it is held (it is not a custody). The free hearing does not have a precise duration.
The investigator must also inform the person whom he or she may benefit from legal advice in a structure of access to the law and be assisted by a lawyer. The assistance of a lawyer is not possible only if the offense is a crime or a offense punished by imprisonment.
The person interviewed may be assisted by a lawyer chosen by him or at his request, court clerk by the president of the bar.
The investigator must inform the person that the the lawyer's expenses remain his responsibility, unless it fulfills the conditions for access to legal aid.
FYI
Counsel may make written submissions which are attached to the record. He may not have access to the documents of the proceedings, in particular the minutes recording the notification of his rights, or the minutes of the hearing.
If the person interviewed is a protected major, theOPJ orAPJ shall notify by any means sound curator or sound guardian. The Trustee or Guardian may appoint a lawyer or request that a lawyer be appointed by the president of the bar to assist the protected adult during the hearing.
If a lawyer is not present and the guardian or trustee cannot be notified by the OPJ, the statements of the protected adult cannot be the only elements taken into account to lead to a conviction.
The outcome of the free hearing depends on the evidence gathered during the suspect's hearing.
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The person comes out free
If this hearing does not provide any decisive evidence for the investigation, the person comes out free.
If the public prosecutor decides to classify the case without follow-up, the person is not reconvened.
The person is reconvened
If elements obtained during the hearing or investigation implicate the person interviewed but the situationdoes not require from custody, she leaves free.
In this case, a personal information sheet of the respondent is recorded in the criminal history processing file.
It can be reconvened later by the investigator (for any additional information). It may also be summoned by the public prosecutor or his delegate for a procedure ofalternative to prosecution.
The public prosecutor may also seize a investigating judge for opening a judicial information.
The accused person may also be summoned directly to a court for trial.
The person is taken into custody
If elements obtained during the hearing or investigation implicate the person interviewed and that the situation requires, the OPJ may place it in custody.
He must, during the interview, notify him of his rights.
The person is deprived of his liberty and cannot leave the premises where the free hearing took place.
In this case, a personal information sheet of the respondent is recorded in the criminal history processing file.
At the end of her police custody, she may be summoned by the public prosecutor or her delegate for a procedure alternative to prosecution.
The public prosecutor may also seize a investigating judge for opening a judicial information.
The accused person may also be summoned directly before a court to be judged there.
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Rights at free hearing
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Right to leave police or gendarmerie premises at any time in case of free hearing
Provisions on the free hearing of suspected persons
Provisions relating to the lawyer in criminal proceedings
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