Under Article 61-1 of the French Code of Criminal Procedure, a person for whom there are plausible grounds to suspect that they have committed or attempted to commit a criminal offence may be interviewed voluntarily, subject to certain conditions. That person has important legal rights which they should be aware of.

1. Conditions for a Voluntary Police Interview of a Suspect

A voluntary police interview may only be conducted where it is necessary, meaning there are plausible grounds to suspect that the person has committed or attempted to commit a criminal offence. In other words, the person being interviewed is a suspect rather than a mere witness.

There is, however, no minimum level of seriousness required: a voluntary police interview may be conducted for any criminal offence. The legal classification of the offence nevertheless determines the extent of the suspect's rights during the interview. For example, where the interview concerns a minor offence (*contravention*), the suspect is not entitled to legal assistance from a lawyer.

The interview must also be entirely voluntary and free from any form of coercion. No coercive measures may be used, meaning that the person must have agreed to attend the police premises voluntarily, even in the exceptional cases where they are transported there by the investigating officers in a police vehicle.

In most cases, the person is summoned to a police station or gendarmerie, and the summons specifies that the interview will take place as a voluntary police interview. The summons must also state the nature, date and location of the alleged offence that the person is suspected of having committed or attempted to commit, as well as their rights, including the right to be assisted by a lawyer where the offence is punishable by imprisonment.

Please note: it is essential to comply with these summonses. If you are unable to attend, you should contact the police station or gendarmerie as soon as possible, explain the reason for your absence, and request that the interview be rescheduled.

If coercive measures are used—for example, if the suspect is brought to the police station by force or placed in handcuffs—the measure becomes police custody (garde à vue).

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

2. Duration of a Voluntary Police Interview

Unlike police custody (garde à vue), there is no fixed maximum duration for a voluntary police interview.

The suspect is free to leave the police station or gendarmerie at any time. This is a fundamental right that must be communicated to them at the beginning of the voluntary police interview.

However, if the suspect decides to leave before the interview has been completed, the authorities may decide to place them in police custody (garde à vue), provided that the offence for which they are suspected is punishable by imprisonment.

Indeed, only police custody (garde à vue) allows the authorities to detain a suspect against their will at the police station or gendarmerie.

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

3. Rights of a Suspect During a Voluntary Police Interview

At the beginning of a voluntary police interview, the suspect must be informed of: (i) the legal classification, date, and place of the offence they are suspected of having committed or attempted to commit; and (ii) the rights to which they are entitled.

The suspect is entitled to the following rights:

• The Right to Leave the Premises at Any Time
• The Right to Make a Statement, Answer Questions, or Remain Silent: the suspect may therefore choose to exercise their right to remain silent.
• The Right to Be Assisted by a Lawyer if the offence for which the suspect is being interviewed is a felony or a misdemeanour punishable by imprisonment.
• The Right to Receive Legal Advice
• The Right to Be Assisted by an Interpreter

4. The Role of a Lawyer During a Voluntary Police Interview

As the voluntary police interview is a crucial stage of the criminal process, it is strongly recommended that you instruct a lawyer to advise and represent you throughout the procedure.

Before the voluntary police interview: to prepare as effectively as possible, you should consider meeting with a lawyer beforehand. They can explain the procedure to you and help develop a defence strategy tailored to your circumstances. By anticipating the questions that the investigating officers are likely to ask, you will be better placed to present your position clearly, consistently, and effectively. Your lawyer can also help you gather any evidence that may be relevant to your defence, including documents and other supporting materials.

During the voluntary police interview: upon arriving at the police station or gendarmerie, your lawyer may consult certain documents from the case file, including the official reports of any previous interviews and the record confirming that your rights have been explained to you.

Your lawyer will then assist you throughout the interview and during any confrontations with other individuals involved in the case, such as alleged victims, persons in police custody (garde à vue), or witnesses. At the end of these proceedings, if they consider it appropriate, your lawyer may ask questions and make observations.

Your lawyer reviews the official interview report containing all of your statements to ensure that it accurately reflects what you said. Verifying the accuracy of this record is essential, as it will be forwarded to the Public Prosecutor, who will decide how the case should proceed—whether to bring criminal charges against you or to dismiss the case without further action.

For more information about a dismissal without further action, see our article on dismissal without further action.

More generally, your lawyer ensures that your rights are fully respected and that the proceedings are conducted in accordance with the law.

After the voluntary police interview: where the decision of the Public Prosecutor is not known immediately after the interview, your lawyer may contact the prosecutor at regular intervals so that you are informed of the outcome of the proceedings as soon as possible.

• If criminal proceedings are brought against you, the lawyer who assisted you during the voluntary police interview will already have a thorough understanding of the case and will therefore be well placed to defend your interests effectively.
• If the case is dismissed without further action, your lawyer can advise and assist you in bringing a criminal complaint for malicious accusation and/or applying for the removal of your personal data from police records.

General Initial Advice

• Do Not Contact the Complainant
• Do Not Make Any Statements Outside the Interview or in the Absence of Your Lawyer
• When giving your statement, use short, clear sentences so that the investigating officer can easily understand you and accurately record your account in the official interview report.
• Use cautious language whenever appropriate. You may be questioned about events that took place several months or even years ago, so it is perfectly normal not to remember every detail precisely. If you are unsure, and to avoid contradicting yourself later, do not hesitate to use phrases such as "it seems to me that", "I believe", or "as far as I can remember".
• Likewise, when you do not know the answer to a question or cannot remember something, you should say so (rather than making something up or trying to fill in the gaps).
• Finally, it is crucial to carefully review the official statement before signing it, with the assistance of your lawyer.

Your Criminal Defense with Maître Lois Pamela LESOT

Have you been summoned to attend a voluntary police interview?
Seek legal advice from 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.

If you have been summoned to attend a police interview that may result in police custody (garde à vue), you can prepare by reading this article on police custody.

Article published: 21 June 2024 | By Lois Pamela LESOT