Police custody (garde à vue)

The regime of police custody is provided for by articles 62-2 and following of the Code of Criminal Procedure.

Police custody is a measure of deprivation of liberty taken by a judicial police officer, under the control of the judicial authority.

It is taken against persons against whom there are “one or more plausible reasons to suspect that they have committed or attempted to commit a crime or an offence. »

Police custody lasts 24 hours. It can be extended, by the judicial authority, for 24 hours (48 hours in total).

For the most serious offenses, police custody can be extended to reach a total duration of 72 hours (or 96 and 144 hours, in the event of drug trafficking, organized gangs, etc.). In these cases, the decision is taken by a judge of the seat.

The law provides for the possibility of being assisted by a lawyer.

Failure to respect the rights guaranteed by the Code of Criminal Procedure may constitute a procedural defect.

The intervention of a criminal lawyer from the stage of police custody is very important in order to set the defense strategy (use of the right to silence, content of statements, etc.).