#2011-392French Law on Custody (Garde à vue)
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The law reforms how police custody is handled. Suspects must have access to a lawyer before their statements can lead to a conviction. It defines the objectives for which custody can be used, extends the conditions for prolonging custody, and sets guidelines for rights and procedures during custody. It impacts law enforcement and individuals under investigation by ensuring legal assistance and safeguarding their rights during police procedures.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Suspects must have lawyer access before statements can lead to conviction
- Defines objectives and conditions for police custody
- Sets guidelines for legal rights and procedures during custody
Obligations
What this law requires
No conviction can be pronounced against a person based solely on statements made without having been able to consult with and be assisted by a lawyer
Police officer must immediately inform the prosecutor of the Republic of a person's placement in custody, including the reasons justifying placement and the qualification of facts
A person in custody must be immediately informed in a language they understand of: their placement, duration, nature and date of suspected offense, and their rights including right to lawyer, medical examination, and notifying close relatives
Custody duration cannot exceed 24 hours; any extension of up to 24 additional hours requires written and motivated authorization from the prosecutor only after the person is presented to the prosecutor
Custody can only be used if it is the sole means to achieve at least one of six specific objectives: conduct investigations, present person to prosecutor, prevent tampering with evidence, prevent pressure on witnesses/victims, prevent coordination with accomplices, or implement measures to stop the crime