At the end of police custody, the Public Prosecutor may take several decisions, in accordance with Article 40-1 of the Code of Criminal Procedure. Each of these decisions has significant legal consequences for the person concerned.
Police custody is a coercive measure -a deprivation of liberty- imposed to keep a person suspected of having committed an offence at the disposal of police officers.
Police custody is carried out by a Officer of the judicial police (“OPJ”), who immediately informs the public prosecutor, when certain conditions are met.
The person in police custody has several rights.
Any person with legal capacity who considers themselves the victim of an offense can file a complaint. The complaint is not subject to any conditions, but in order for it to be effective, it may be useful to include certain information.
Individuals for whom there is no plausible reason to suspect that they have committed or attempted to commit an offence are interviewed by investigators without being subject 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.
A person for whom there are reasonable grounds to suspect that they have committed or attempted to commit an offence may be interviewed voluntarily, subject to several conditions.
This person has rights that are important to be aware of.
A criminal record is a national record containing all convictions handed down against an individual, whether a simple fine or a custodial sentence.
It is possible to apply for the expungement of a criminal record where the legal requirements are met.
Any person placed under formal investigation (mis en examen)—that is, a person against whom the investigating judge considers there to be serious and consistent evidence suggesting that they participated, either as a principal offender or as an accomplice, in the commission of a felony (crime) or a misdemeanour (délit)—is presumed innocent and, as a general rule, remains at liberty.
However, where required by the needs of the judicial investigation or as a preventive measure, pre-trial detention may be ordered.
Police custody is a coercive measure involving the deprivation of liberty, decided in order to keep a person suspected of having committed an offence at the disposal of investigators.
A person is placed in police custody by a judicial police officer, who immediately informs the Public Prosecutor, where certain conditions are met.
A person held in police custody has several rights.
The Comparution sur Reconnaissance Préalable de Culpabilité (CRPC) is an alternative procedure to a criminal trial that allows certain offences to be dealt with more quickly when the accused, who must be an adult, admits the alleged offence.
A victim of domestic violence—that is, physical, psychological, sexual or economic violence committed against them by a person to whom they are or were married, in a civil partnership or in a relationship—who considers that such violence may endanger their life or the lives of their children may apply to the Family Court Judge for a protection order.