NCJ Number
67300
Journal
Police Nationale Issue: 109 Dated: (MARCH 1979) Pages: 5-16
Date Published
1979
Length
12 pages
Annotation
FRENCH LEGAL GROUNDS FOR ARREST AND QUESTIONING AS WELL AS CITIZENS' GUARANTEES AGAINST FALSE ARREST ARE OUTLINED.
Abstract
ARRESTS BY THE POLICE ARE SOMETIMES NECESSARY TO CARRY OUT A COURT DECISION AND ARE ORDERED BY JUDGES THROUGH VARIOUS TYPES OF WARRANTS. APPREHENSION BY ORDINARY CITIZENS IS PERMITTED WHEN AN INDIVIDUAL IS SUSPECTED OF HAVING COMMITTED A CRIME PUNISHABLE BY IMPRISONMENT; THE ARREST IS PROVISIONAL AND THE SUSPECT MUST BE TAKEN TO THE NEAREST POLICE OFFICER. POLICE COMMISSIONERS AND ADMINISTRATIVE OFFICERS OF DEPARTMENTS MAY TAKE ALL STEPS NECESSARY TO ASSURE ARREST OF INDIVIDUALS ENGAGED IN CRIMINAL ACTIVITIES AGAINST STATE SECURITY. DETAINMENT OF SUSPECTS PENDING INVESTIGATION IS POSSIBLE ONLY FOR A LIMITED PERIOD AND IS NOT TECHNICALLY DEFINED AS ARREST. OFFICERS MAY QUESTION SUSPECTS TO VERIFY IDENTITY IN GRAVE CRIMES, IN THE COURSE OF PRELIMINARY INVESTIGATIONS, AND AS PART OF THE WORK OF SPECIAL JUDICIAL COMMISSIONS. ON THE INTERNATIONAL LEVEL, INDIVIDUALS CAN BE ARRESTED FOR EXTRADITION WHETHER THE CRIME WAS COMMITTED ABROAD OR ON AN AIRPLANE OR BOAT. QUESTIONING AND DETAINMENT TO VERIFY IDENTITY ARE ACCEPTABLE AS PART OF THE PREVENTIVE ROLE OF THE POLICE IN MAINTAINING ORDER AND MAY ALSO BE NECESSARY FOR MENTALLY ILL PERSONS, FOR PERSONS WHO ARE DRUNK AND DISORDERLY, FOR RUNAWAY JUVENILES, FOR PROSTITUTES, FOR FOREIGNERS WHO ARE TO BE EXTRADITED, AND FOR PERSONS DANGEROUS TO PUBLIC SECURITY OR PARTICIPATING IN SUBVERSIVE ACTIVITIES. SPECIAL SURVEILLANCE IS PERMITTED UNDER EXCEPTIONAL CIRCUMSTANCES, E.G., DURING A TRIP OF THE CHIEF OF STATE, ALTHOUGH THIS REMAINS CONTROVERSIAL. GUARANTEES OF CITIZEN'S RIGHTS INCLUDE PROTECTION FROM ARREST IN ONE'S OWN HOME EXCEPT DURING CERTAIN PRESCRIBED HOURS (6:00 A.M. TO 11:00 P.M.) OR UNDER EXCEPTIONAL CIRCUMSTANCES; PROTECTION OF CERTAIN LOCALES--CONSULATES, PARLIAMENT BUILDINGS, PUBLIC OFFICES--FROM POLICE ENTRY EXCEPT WITH PERMISSION OF THE PERSON IN CHARGE OF THE FACILITY; THE REQUIREMENT THAT POLICE KEEP A RECORD OF ALL PROCEDURES DURING A SUSPECT'S PERIOD OF DETENTION; AND PROTECTION FROM ARBITRARY ARREST BY AN OFFICIAL ACTING IN HIS OWN INTEREST. THE VICTIM OF FALSE ARREST MAY SUE THE POLICE OFFICER, OR, IN GRAVE CASES, THE STATE, FOR DAMAGES. NOTES ARE SUPPLIED. --IN FRENCH. (KMD)