Law Enforcement in France - Rights and Limitations

Rights and Limitations

The powers of French Police and Gendarmerie forces are constrained by statute law and jurisprudence. The rules of procedure depend on the stage of enquiry:

  • Crimes committed in flagrante delicto, in which a suspect was found committing the crime, or pursued by witnesses, or found in possession of objects from the crime or other probable cause.
  • Preliminary enquiries — it is unclear whether a crime, or which crime, has been committed, but there exist good reasons to believe this might be the case.
  • Judicial information — an investigative magistrate (a judge, external to the police) supervises an enquiry on a case where it is certain, or at least very probable, that a crime has been committed.

In particular, outside of crimes in flagrante delicto, law enforcement forces may not conduct searches or arrests without a specific commission from the investigative magistrate.

Not all law-enforcement officers are capable of making full arrests or conducting searches; these powers are, by law, restricted to those have special legal qualifications (see next section).

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