Under Article 61-1 of the French Code of Criminal Procedure, individuals for whom there are no plausible grounds to suspect that they have committed or attempted to commit a criminal offence may be interviewed by the investigating officers without being subjected to any coercive measure.

These individuals are then given the status of witnesses: they are not suspected of having committed an offence, and the police simply seek to obtain their testimony.

1. Conditions for the Voluntary Interview of a Witness

A witness is a person for whom there are no plausible grounds to suspect that they have committed or attempted to commit a criminal offence.

They may be interviewed voluntarily by the investigating authorities.

Although a witness is not suspected of having committed or attempted to commit a criminal offence, they are required to attend if summoned. However, they are under no obligation to take an oath or to give evidence.

If there are plausible grounds to suspect that the person has committed or attempted to commit a criminal offence, they must instead be interviewed either as a suspect under a voluntary police interview or while in police custody (garde à vue).

For more information about the voluntary police interview of a suspect, see our article on the voluntary police interview of a suspect.

For more information about police custody (garde à vue), see our article on police custody.

2. Rights of a Witness During a Voluntary Interview

A witness has only one specific right during a voluntary interview: the right to leave the police premises at any time.

Accordingly, a witness is not entitled to be assisted by a lawyer during the voluntary interview.

3. Duration of a Witness's Voluntary Interview and Witness Detention

There is no statutory maximum duration for the voluntary interview of a witness.

However, where the needs of the investigation so require, a witness may be detained for the time strictly necessary to conduct the interview, provided that such detention does not exceed four hours.

However, a witness cannot be placed in police custody (garde à vue).

Your Criminal Defense with Maître Lois Pamela LESOT

Have you or someone close to you been summoned for a voluntary police interview as a suspect or placed in police custody?
Consult a lawyer: Maître Lois Pamela LESOT – +33 6 52 02 54 42 – lesot@loispamelalesot.com

The firm regularly represents and defends individuals accused in criminal proceedings involving offences such as rape, sexual exposure, domestic violence, pimping, blackmail, and many others.

Article published: 21 June 2024 | By Lois Pamela LESOT