La detention is a custodial measure imposed as part of a criminal investigation. Often experienced as a particularly stressful and destabilising time, it is nevertheless governed by strict rules designed to protect the rights of the person concerned.
Information on the charges, right to a lawyer, right to silence, medical examination, duration of the measure: what guarantees are provided by law?
On what grounds can police custody be ordered?
A police custody measure is decided by a judicial police officer against a person suspected of an offence. crime or a offence punishable by term of imprisonment.
This means that a person suspected of having committed an offence cannot be held in police custody. ticket.
The judicial police officer may order this measure on his own initiative, or on the instructions of the public prosecutor or investigating judge.
It must be the sole means of achieving one of the following objectives:
- Enable investigations involving the person's presence or participation to be carried out; ;
- Guarantee that the person is brought before the public prosecutor or investigating magistrate so that the magistrate can decide what action to take; ;
- Preventing the person from tampering with evidence or material clues; ;
- Preventing the person from putting pressure on witnesses or victims, as well as their relatives; ;
- Preventing the person from colluding with other people who could be their co-perpetrators or accomplices; ;
- Ensuring that measures are taken to put a stop to the crime.
How long can police custody last?
Initially, the duration of police custody is twenty-four hours, under article 63 of the Code of Criminal Procedure.
By way of exception, if the misdemeanour or felony carries a prison sentence of more than one year, the measure may be extended by twenty-four hours.
The extension must be in writing and must state the reasons for the extension. public prosecutor or examining magistrate.
In certain very specific cases, police custody may be extended by further periods, bringing the total duration to six days.
What rights do detainees have?
The article 63-1 of the Code of Criminal Procedure sets out a number of fundamental rights available to persons in police custody:
- The right to notify a relative, her employer and, if she is a foreign national, the consular authorities of her country; ;
- The right to be examined by a doctor ;
- The right to be assisted by a lawyer ;
- The right to be assisted by an interpreter, if necessary ;
- The right to consult certain essential documents relating to the proceedings before any extension ;
- The right to submit observations to the public prosecutor or to the liberty and custody judge in the event of an extension ;
- The right, during hearings, to make statements, answer questions or remain silent.
At this stage in police custody, it is crucial for the person concerned to request the help of a lawyer. By calling on the services of a lawyer, she will be able to benefit from confidential interview to develop a defence strategy.
What are the risks of police custody?
During police custody, the person concerned will be subject to questioning to which he or she is not obliged to respond.
Nevertheless, silence or, conversely, statements made without strategy can have consequences in the event of a trial.
The police will record the detainee's refusal to respond or any confessions, which may make it more difficult for them to take any action. further contestation.
The lawyer's role will then be to familiarise himself with the case and to draw up a legal brief. defence strategy coherent.
Police custody may result in the case being dismissed, a subsequent summons to appear before a judicial police officer or an indictment.
These different outcomes will depend on the statements made by the person in custody, but also on the progress of the investigation and the evidence available.
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