Identity check

Verified 03 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

What is an identity check? Who can control your identity? On what grounds and in what locations? Do you always have to have your documents with you to justify your identity? We tell you the rules to know about identity check for an adult and for a minor.

For a major

The police (police, gendarmerie) authorized to carry out identity checks are as follows:

  • Judicial Police Officer (OPJ)
  • Judicial police officers, under the responsibility of the OPJ
  • Some deputy judicial police officers, under the responsibility of the OPJ

A customs officer may also carry out an identity check in certain cases.

FYI  

a municipal police officer can identify you when they see a contravention. For example, a traffic violation. However, it is not allowed to control your identity.

The rules differ depending on whether it is a prevention control, a control related to a infringement or a Schengen control.

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Preventive Control

Law enforcement can control your identity, no matter how you behave. to prevent a breach of public order.

There must be an effective risk of endangering the safety of persons or property at the place and time of the screening.

Please note

The identity check can be accompanied, with your consent, the inspection (search) of your vehicle and/or the visual inspection of baggage or its search.

Control linked to an infringement

Within the framework of judicial police checkHowever, law enforcement can control your identity if there is a reason to suspect that you are in any of the following :

  • You committed or attempted to commit a infringement
  • You're preparing a crime or a offense
  • You can provide information about a crime or offense
  • You're wanted on the orders of a judge
  • You violate your obligations or prohibitions related to a judicial review, a measure house arrest with electronic surveillance, a sentence or measure followed by the sentencing judge

Law enforcement can also control your identity, by order of public prosecutor, to search for and punish perpetrators of infringements precise. In this case, the prosecutor shall specify the place and duration of the check. Identity checks remain valid if another offense is discovered.

The public prosecutor may also carry out an identity check to investigate and prosecute the following offenses : act of terrorism, proliferation of weapons of mass destruction, weapons of war, explosives, theft and concealment, trafficking in narcotics. The public prosecutor shall specify the places and the duration of the check, which may not exceed 24 hours (renewable). Identity checks remain valid if another offense is discovered.

Please note

an identity check may be carried out during the vehicle inspection (search) and/or baggage inspection.

Schengen control

In the Schengen area, identity checks can be made for prevention and the research of infringements related to the cross-border crime.

The purpose of identity checks is to verify compliance with the obligations to hold, carry and present documents and documents allowing movement in the territory.

The inspection may take place in the following areas:

  • Area less than 20 km from a border
  • Wider area, on a highway or train
  • Port, airport, train station and nearby area

The check can last a maximum of 12 hours in a row in the same place.

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For a Frenchman

You can justify your identity by any means.

You may submit one of the following documents:

  • Identity document (identity card, passport, driving license)
  • Other document (birth certificate, family record book, military record book, voter card, vital card...)

Testimony may be accepted. For example, the person with you confirms your identity.

For a foreigner

You need to prove your identity and that you are in legal stay in France.

You can prove your identity by presenting one of the following documents: residence permit, passport, driving license...

Testimony may be accepted. For example, the person with you confirms your identity.

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Refusal or inability to justify identity

If you refuse or cannot justify your identity, you may be detained, on site or at the police station, for an audit.

The identity check must not exceed 4 hours since the start of the check (8 hours in Mayotte).

L'OPJ: titleContent must give you the opportunity to provide your identity by any means.

You can bring new papers, you can bring testimony.

You have the right to have the public prosecutor and anyone of your choice.

If you maintain your refusal or if there is no other way to establish your identity, the public prosecutor or the investigating judge may authorize the taking of fingerprints and photographs.

Refusing to be fingerprinted or photographed is liable to €3,750 fine and three months in prison.

At the end of the audit, a copy of the minutes is given to you.

Suspected terrorist activity

If, during the identity check or verification, it turns out that you may be linked to a terrorist activity, you may be detained on the spot or at the police station.

One OPJ: titleContent check your administrative status.

The public prosecutor must be informed at the beginning of your detention.

There is no hearing (interrogation) as in a police custody.

Retention may not exceed 4 hours.

You can have anyone of your choice notified.

The reason for your restraint must be explained to you.

You have the right to remain silent.

At the end of the detention, a copy of the minutes is given to you.

For a minor

The police (police, gendarmerie) authorized to carry out identity checks are as follows:

  • Judicial Police Officer (OPJ)
  • Judicial police officers, under the responsibility of the OPJ
  • Some deputy judicial police officers, under the responsibility of the OPJ

A customs officer may also carry out an identity check in certain cases.

FYI  

a municipal police officer can identify you when they see a contravention. For example, a parking ticket. However, it is not allowed to control your identity.

The rules differ depending on whether it is a prevention control, a control related to a infringement or a Schengen control.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Preventive Control

Law enforcement can control your identity, no matter how you behave. to prevent a breach of public order.

There must be an effective risk of endangering the safety of persons or property at the place and time of the screening.

Control linked to an infringement

Within the framework of judicial police checkHowever, law enforcement can control your identity if there is a reason to suspect that you are in any of the following :

  • You have committed or are attempting to commit an offense infringement
  • You're preparing a crime or a offense
  • You can provide information about a crime or offense
  • You're wanted on the orders of a judge
  • You violate your obligations or prohibitions related to a judicial review, a measure house arrest with electronic surveillance, a sentence or measure followed by the sentencing judge.

Law enforcement can also control your identity, by order of public prosecutor, to search for and punish perpetrators of infringements precisees. In this case, the prosecutor shall specify the place and duration of the check. Identity checks remain valid if another offense is discovered.

The public prosecutor may also carry out an identity check to investigate and prosecute the following offenses : act of terrorism, proliferation of weapons of mass destruction, weapons of war, explosives, theft and concealment, drug trafficking. The public prosecutor shall specify the places and the duration of the check, which may not exceed 24 hours (renewable). Identity checks remain valid if another offense is discovered.

Please note

an identity check may be carried out during the vehicle inspection (search) and/or baggage inspection.

Schengen control

In the Schengen area, identity checks can be made for prevention and the research of infringements related to the cross-border crime.

The purpose of identity checks is to verify compliance with the obligations to hold, carry and present documents and documents allowing movement in the territory.

The inspection may take place in the following areas:

  • Area less than 20 km from a border
  • Wider area, on a highway or train
  • Port, airport, train station and nearby area

The check can last a maximum of 12 hours in a row in the same place.

You can justify your identity by any means.

For example, you can submit the following documents:

  • Identity document: ID card, passport
  • Other documents: birth certificate, family booklet, vital card, student card...

Testimony may be accepted. For example, the person with you confirms your identity.

Please note

a minor foreigner may also have Minor foreigner Movement Document (MRD).

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Refusal or inability to justify identity

If you refuse or cannot justify your identity, you may be detained, on site or at the police station, for an audit.

The public prosecutor shall be informed from the start of the detention.

Your legal representative is notified and must assist you, unless impossible.

The identity check must not exceed 4 hours since the start of the check (8 hours in Mayotte).

L'OPJ: titleContent must give you the opportunity to provide your identity by any means.

You have the right to notify anyone of your choice.

If you maintain your refusal or if there is no other way to establish your identity, the prosecutor or the investigating judge may authorize the taking of fingerprints and photographs.

Refusing to be fingerprinted or photographed is liable to €3,750 fine and three months in prison.

At the end of the audit, a copy of the minutes is given to you.

Suspected terrorist activity

If, during the identity check or verification, it turns out that you may be linked to a terrorist activity, you may be detained on the spot or at the police station.

One OPJ: titleContent check your administrative status.

The prior agreement of the public prosecutor is mandatory.

Your legal representative is notified and must assist you, unless impossible.

There is no hearing (interrogation) as in a police custody.

Retention may not exceed 4 hours.

You can have anyone of your choice notified.

The reason for your restraint must be explained to you.

You have the right to remain silent.

At the end of the detention, a copy of the minutes is given to you.

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