{"id":1763,"date":"2024-06-21T11:23:38","date_gmt":"2024-06-21T09:23:38","guid":{"rendered":"https:\/\/www.loispamelalesot.com\/2024\/06\/21\/la-menace-copy\/"},"modified":"2024-06-21T12:42:47","modified_gmt":"2024-06-21T10:42:47","slug":"l-audition-libre","status":"publish","type":"post","link":"https:\/\/www.loispamelalesot.com\/en\/2024\/06\/21\/l-audition-libre\/","title":{"rendered":"Voluntary Interview of a Suspect"},"content":{"rendered":"
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Voluntary Police Interview<\/h1>\n<\/div><\/div>\n\n\n\n

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Under Article 61-1 of the French Code of Criminal Procedure<\/a>, 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.<\/p>\n\n\n\n

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  1. Conditions for a Voluntary Police Interview of a Suspect<\/strong><\/li>\n<\/ol>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    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.<\/p>\n\n\n\n

    Please note:<\/strong> 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.<\/em><\/p>\n\n\n\n

    If coercive measures are used\u2014for example, if the suspect is brought to the police station by force or placed in handcuffs\u2014the measure becomes police custody (garde \u00e0 vue<\/em>)<\/strong>.<\/p>\n\n\n\n

    For more information about police custody (garde \u00e0 vue<\/em>), see our article on police custody<\/a>.<\/em><\/p>\n\n\n\n

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    1. Duration of a Voluntary Police Interview<\/strong><\/li>\n<\/ol>\n\n\n\n

      Unlike police custody (garde \u00e0 vue<\/em>), there is no fixed maximum duration for a voluntary police interview.<\/p>\n\n\n\n

      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.<\/p>\n\n\n\n

      However, if the suspect decides to leave before the interview has been completed, the authorities may decide to place them in police custody (garde \u00e0 vue<\/em>)<\/strong>, provided that the offence for which they are suspected is punishable by imprisonment.<\/p>\n\n\n\n

      Indeed, only police custody (garde \u00e0 vue<\/em>)<\/strong> allows the authorities to detain a suspect against their will at the police station or gendarmerie.<\/p>\n\n\n\n

      For more information about police custody (garde \u00e0 vue<\/em>), see our article on police custody<\/a>.<\/em><\/p>\n\n\n\n

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      1. Rights of a Suspect During a Voluntary Police Interview<\/strong><\/li>\n<\/ol>\n\n\n\n

        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.<\/p>\n\n\n\n

        The suspect is entitled to the following rights:<\/p>\n\n\n\n