Controls, Verifications And Records of Identity
LexInter | July 19, 2003 | 0 Comments

Controls, Verifications And Records of Identity

Article 78-1

(Law n ° 83-466 of June 10, 1983 art. 21 Official Journal of June 11, 1983 in force on June 27, 1983) 
(Law nº 86-1004 of September 3, 1986 art. 1 Official Journal of September 4, 1986)
(Law nº 93-992 of August 10, 1993 art. 2 Official Journal of August 11, 1993) 
(Law n ° 99-291 of April 15, 1999, art. 15 Official Journal of April 16, 1999)
   The application of the rules provided for in this chapter is subject to the control of the judicial authorities mentioned in Articles 12 and 13.
Any person in the national territory must agree to undergo an identity check carried out under the conditions and by the police authorities referred to in the following articles.

Article 78-2

(Law n ° 83-466 of June 10, 1983 art. 21 Official Journal of June 11, 1983 in force on June 27, 1983) 
(Law nº 86-1004 of September 3, 1986 art. 2 Official Journal of September 4, 1986) 
(Law n ° 93-992 of August 10, 1993, art. 1 and 2 Official Journal of August 11, 1993) 
(Law nº 93-1027 of August 24, 1993 art. 34 Official Journal of August 29, 1993)
(Law n ° 97-396 of April 24, 1997 art. 18 Official Journal of April 25, 1997) 
(Law n ° 99-291 of April 15, 1999, art. 15 Official Journal of April 16, 1999)
(Law n ° 2003-239 of March 18, 2003 art. 10 Official Journal of March 19, 2003) 
(Law n ° 2003-239 of March 18, 2003 art. 143 Official Journal of March 19, 2003) 
(Law n ° 2003-1119 of November 26, 2003 art. 81 Official Journal of November 27, 2003)
(Law n ° 2006-64 of January 23, 2006 art. 3 Official Journal of January 24, 2006)
(Law n ° 2006-911 of July 24, 2006 art. 113 I Official Journal of July 25, 2006)
   Judicial police officers and, on the order and under their responsibility, judicial police officers and assistant judicial police officers mentioned in Articles 20 and 21-1 ° may ask to justify, by any means, of their identity any person in respect of whom there are one or more plausible reasons to suspect:
– that they have committed or attempted to commit an offense;
– or that she is preparing to commit a crime or an offense;
– or that it is likely to provide useful information for the investigation in the event of a felony or misdemeanor;
– or that she does the
On written requisitions from the public prosecutor for the purposes of research and prosecution of offenses specified by him, the identity of any person can also be checked, according to the same procedures, in the places and for a period of time determined by this magistrate. The fact that the identity check reveals offenses other than those referred to in the requisitions of the public prosecutor does not constitute a ground for nullity of the incidental proceedings.
The identity of any person, regardless of their behavior, can also be checked, in accordance with the procedures provided for in the first paragraph, to prevent a breach of public order,
   in order to verify compliance with the obligations of holding, carrying and presenting securities and documents provided for by law. When this control takes place on board a train making an international connection, it can be carried out on the portion of the journey between the border and the first stop which is located beyond the twenty kilometers from the border. However, on those of the railway lines carrying out an international connection and having particular characteristics of service, the control can also be carried out between this stop and a stop located within the limit of the fifty kilometers following. These lines and stops are designated by ministerial decree (1). When there is a motorway section starting in the area mentioned in the first sentence of this paragraph (1) and the first motorway toll is located beyond the 20 km line, the control can also take place until this first toll on the parking areas as well as on the place of this toll and the adjoining parking areas. The tolls concerned by this provision are designated by decree. The fact that the identity check reveals an offense other than that of non-compliance with the aforementioned obligations does not constitute a ground for nullity of the incidental proceedings. checks can also take place up to this first toll on the parking areas as well as on the location of this toll and the adjoining parking areas. The tolls concerned by this provision are designated by decree. The fact that the identity check reveals an offense other than that of non-compliance with the aforementioned obligations does not constitute a ground for nullity of the incidental proceedings. the control can also take place up to this first toll on the parking areas as well as on the place of this toll and the adjoining parking areas. The tolls concerned by this provision are designated by decree. The fact that the identity check reveals an offense other than that of non-compliance with the aforementioned obligations does not constitute a ground for nullity of the incidental proceedings.

In an area between the land borders or the coast of the department of Guyana and a line drawn twenty kilometers below, and on a line drawn five kilometers on either side, as well as on the national road 2 on the territory of the municipality of Regina, the identity of any person can be checked, in accordance with the procedures provided for in the first paragraph, with a view to verifying compliance with the obligations of holding, carrying and presenting the titles and documents provided for by law .
For five years from the publication of law n ° 2006-911 of July 24, 2006 relating to immigration and integration, the identity of any person can also be checked, according to the modalities provided for in the first paragraph of this article, in order to verify compliance with the obligations of holding, carrying and presenting securities and documents provided for by law:
1 ° In Guadeloupe, in an area between the coast and a line drawn one kilometer below, as well as in an area of ​​one kilometer on either side, on the one hand, of the national road 1 on the territory the municipalities of Basse-Terre, Gourbeyre and Trois-Rivières and, on the other hand, the national road 4 on the territory of the municipalities of Gosier and Sainte-Anne and Saint-François;
2º In Mayotte, in an area between the coast and a line drawn one kilometer below.

NOTE (1): Law 2006-64 of 23 January 2006 art. 32: The provisions induced by article 3 are applicable until December 31, 2008.

 

Article 78-2-1

(Law n ° 97-396 of April 24, 1997 art. 19 Official Journal of April 25, 1997) 
(Law n ° 99-291 of April 15, 1999, art. 15 Official Journal of April 16, 1999)
   On requisitions of the public prosecutor, the judicial police officers and, on the order or responsibility of the latter, the judicial police officers and assistant judicial police officers mentioned in articles 20 and 21 (1º) are empowered to enter premises for professional use, as well as their annexes and outbuildings, unless they constitute a home, where construction, production, transformation, repair, provision of services or marketing activities are in progress, in sight:
– to ensure that these activities have given rise to registration in the trade register or in the trade and company register when it is compulsory, as well as to the declarations required by social protection bodies and the tax administration ;
– to be presented with the single personnel register and the documents certifying that the declarations prior to hiring have been made;
– to check the identity of the persons employed, for the sole purpose of verifying that they appear on the register or that they have been the subject of the declarations mentioned in the previous paragraph.
The requisitions of the public prosecutor are in writing and specify the offenses, among those referred to in articles L. 324-9 and L. 341-6 of the labor code, which he intends to have searched and prosecuted, as well as the places in which the control operation will take place. These requisitions are taken for a maximum period of one month and are presented to the person having the premises or to the person who represents them.
The measures taken in application of the provisions provided for in this article shall be the subject of a report given to the person concerned.

Article 78-2-2

(Law n ° 2001-1062 of November 15, 2001 art. 23 Official Journal of November 16, 2001) 
(Law n ° 2003-239 of March 18, 2003 art. 11 II Official Journal of March 19, 2003) 
(Law n ° 2005-1550 of December 12, 2005 art. 18 Official Journal of December 13, 2005)
(Law n ° 2006-64 of 23 January 2006 art. 11 II Official Journal of 24 January 2006)
   On written requisitions from the public prosecutor for the purposes of research and prosecution of acts of terrorism referred to in articles 421-1 to 421-6 of the penal code, offenses relating to weapons and explosives referred to in articles L . 2339-8, L. 2339-9 and L. 2353-4 of the Defense Code, theft offenses referred to in Articles 311-3 to 311-11 of the Criminal Code, concealment referred to in Articles 321-1 and 321-2 of the same code or acts of drug trafficking referred to in articles 222-34 to 222-38 of said code, judicial police officers, assisted, if necessary, by judicial police officers and police officers judicial assistants mentioned in 1º, 1º bis and 1º ter of article 21 may,in the places and for the period of time that this magistrate determines and which cannot exceed twenty-four hours, renewable on an express and reasoned decision according to the same procedure, not only carry out the identity checks provided for in the sixth paragraph of article 78-2 but also to the visit of vehicles circulating, stopped or parked on the public highway or in places accessible to the public.stopped or parked on the public highway or in places accessible to the public.stopped or parked on the public highway or in places accessible to the public.
For the application of the provisions of this article, vehicles in circulation may only be immobilized for the time strictly necessary for the conduct of the inspection which must take place in the presence of the driver. When it relates to a stationary or parked vehicle, the visit takes place in the presence of the driver or the owner of the vehicle or, failing that, a person required for this purpose by the officer or agent of the judicial police and which does not come under its administrative authority. However, the presence of an external person is not required if the visit involves serious risks for the safety of persons and property.
In the event of discovery of an infringement or if the driver or the owner of the vehicle so requests as well as in the event that the visit takes place in their absence, a report is drawn up mentioning the place and the dates and times of the start. and the end of these operations. A copy is given to the person concerned and another is sent without delay to the public prosecutor.
However, the inspection of vehicles specially fitted out for residential use and actually used as a residence can only be made in accordance with the provisions relating to searches and home visits.
The fact that these operations reveal offenses other than those referred to in the requisitions of the public prosecutor does not constitute a ground for nullity of the incidental proceedings.

Article 78-2-3

(inserted by Law n ° 2003-239 of March 18, 2003 art. 12 Official Journal of March 19, 2003)
   Judicial police officers, assisted, if necessary, by judicial police officers and deputy judicial police officers mentioned in 1º, 1º bis and 1º ter of article 21, may inspect vehicles moving or stopped on on the public highway or in places accessible to the public when there is one or more plausible reasons for the driver or passenger to suspect that he has committed, as an author or as an accomplice, a flagrant crime or offense ; these provisions also apply to the attempt.
The provisions of the second, third and fourth paragraphs of article 78-2-2 are applicable to the provisions of this article.

Article 78-2-4

(inserted by Law n ° 2003-239 of March 18, 2003 art. 13 Official Journal of March 19, 2003)
   To prevent serious harm to the security of persons and property, judicial police officers and, on the order and under the responsibility of the latter, judicial police officers and assistant judicial police officers mentioned in 1 °, 1 ° bis and 1 ° ter of article 21 may carry out not only the identity checks provided for in the seventh paragraph of article 78-2 but also, with the agreement of the driver or, failing that, on the instructions of the public prosecutor. Republic communicated by any means, to the visit of vehicles circulating, stopped or parked on the public highway or in places accessible to the public.
While awaiting instructions from the public prosecutor, the vehicle may be immobilized for a period which may not exceed thirty minutes.
The second, third and fourth paragraphs of article 78-2-2 are applicable to the provisions of this article.

Article 78-3

(Law n ° 83-466 of June 10, 1983 art. 21 Official Journal of June 11, 1983 in force on June 27, 1983) 
(Law nº 86-1004 of September 3, 1986 art. 3 Official Journal of September 4, 1986) 
(Law n ° 93-2 of January 4, 1993 art. 162 Official Journal of January 5, 1993 in force on March 1, 1993) 
(Law nº 93-992 of August 10, 1993 art. 2 Official Journal of August 11, 1993) 
(Law n ° 93-1013 of August 24, 1993 art. 20 Official Journal of August 25, 1993 in force on September 2, 1993)
(Law n ° 99-291 of April 15, 1999, art. 15 Official Journal of April 16, 1999) 
(Law n ° 2006-911 of July 24, 2006 art. 114 Official Journal of July 25, 2006)
   If the person concerned refuses or is unable to prove his identity, he may, if necessary, be detained on the spot or in the police station where he is taken for the purpose of verifying his identity. In all cases, it is presented immediately to a judicial police officer who enables him to provide by any means the elements allowing to establish his identity and who proceeds, if necessary, to the necessary verification operations. He is immediately informed by the latter of his right to inform the public prosecutor of the verification he is subject to and to warn his family or any person of his choice at any time. If special circumstances so require,
In the case of an eighteen-year-old minor, the public prosecutor must be informed from the start of the detention. Unless this is not possible, the minor must be assisted by his legal representative.
The person who is the subject of a verification can only be detained for the time strictly required by the establishment of his identity. Detention may not exceed four hours, or eight hours in Mayotte, from the check carried out in application of article 78-2 and the public prosecutor may terminate it at any time.
If the person arrested maintains his refusal to prove his identity or provides clearly inaccurate identity elements, the verification operations may give rise, after authorization from the public prosecutor or the examining magistrate, to the taking of fingerprints. digital or photographs when this constitutes the only means of establishing the identity of the interested party.
The taking of fingerprints or photographs must be mentioned and specially motivated in the report provided below.
The judicial police officer mentions, in a report, the reasons justifying the control as well as the identity verification, and the conditions under which the person was presented before him, informed of his rights and formal notice of exercise them. It specifies the day and time from which the check was carried out, the day and time of the end of the detention and the duration thereof.
This report is presented for the signature of the interested party. If the latter refuses to sign it, mention is made of the refusal and the reasons for it.
The report is sent to the public prosecutor, a copy having been given to the person concerned in the case provided for by the
If it is not followed with regard to the person who has been retained in any investigation or execution procedure addressed to the judicial authority, the identity verification cannot give rise to a memorization on files and the report as well as all the documents relating to the verification are destroyed within six months under the control of the public prosecutor.
   In the event that there is an investigation or execution procedure addressed to the judicial authority and accompanied by the maintenance in police custody, the person detained must be immediately informed of his right to notify the public prosecutor. of the measure to which it is subject.
The prescriptions listed in this article are imposed under penalty of nullity.

Article 78-4

(Law n ° 83-466 of June 10, 1983 art. 21 Official Journal of June 11, 1983 in force on June 27, 1983)
(Law nº 93-992 of August 10, 1993 art. 2 Official Journal of August 11, 1993) 
(Law n ° 99-291 of April 15, 1999, art. 15 Official Journal of April 16, 1999)
   The duration of the detention provided for in the preceding article is deducted, if necessary, from that of police custody. 

Article 78-5

(Law n ° 83-466 of June 10, 1983 art. 21 Official Journal of June 11, 1983 in force on June 27, 1983) 
(Law nº 86-1004 of September 3, 1986 art. 5 Official Journal of September 4, 1986) 
(Law nº 93-992 of August 10, 1993 art. 2 Official Journal of August 11, 1993)
(Law n ° 92-1336 of December 16, 1992, art. 322 and 329 Official Journal of December 23, 1992 in force on March 1, 1994) 
(Law n ° 99-291 of April 15, 1999, art. 15 Official Journal of April 16, 1999) 
(Ordinance n ° 2000-916 of September 19, 2000 art. 3 Official Journal of September 22, 2000 in force on January 1, 2002)

Those who refuse to take fingerprints or photographs authorized by the public prosecutor or the examining magistrate will be punished with three months’ imprisonment and a fine of 3,750 euros, in accordance with the provisions of the article 78-3.

Article 78-6

(Law n ° 99-291 of April 15, 1999 art. 16 Official Journal of April 16, 1999)
(Law n ° 2001-1062 of November 15, 2001 art. 13 Official Journal of November 16, 2001)
The assistant judicial police officers mentioned in 1º bis, 1º ter, 1º quater and 2º of article 21 are empowered to note the identity of offenders in order to draw up reports concerning contraventions of the mayor’s police orders, contraventions to the highway code that the law and regulations authorize them to issue or fines that they can observe by virtue of an express legislative provision.
If the offender refuses or is unable to prove his identity, the assistant judicial police officer mentioned in the first paragraph immediately reports to any judicial police officer of the national police or the national gendarmerie with territorial jurisdiction, who can then order him without delay to present the offender to him immediately. In the absence of this order, the assistant judicial police officer mentioned in the first paragraph cannot retain the offender. When the judicial police officer decides to carry out an identity check, under the conditions provided for in article 78-3, the period provided for in the third paragraph of this article runs from the statement of

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