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Custody or detention of a minor
Verified 17 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Act prohibited by law and punishable by a fine and/or imprisonment of less than 10 years
Most serious offense punishable by imprisonment (e.g. intentional killing or rape)
Act prohibited by law and punishable by criminal penalties
Indictment Decision of the investigating judge ordering the police to take a person before him
Indictment Decision of the investigating judge ordering the police to search for a person, arrest him and take him to a detention center
Decision by a European judge asking other countries of the European Union to arrest and surrender to him a person who is the subject of criminal proceedings or sanctions
Police custody is a measure that makes it possible to keep a person at the disposal of investigators. It is decided by the police or the gendarmerie. It allows for the questioning of a person suspected of having committed serious offenses (offense punishable by imprisonment, or crime) in the context of an investigation under the supervision of the Public Prosecutor. Children between the ages of 10 and 13 may not be detained, but only in detention.
What applies to you ?
Under 13
Police custody is impossible for a child under 13 years of age.
A detention or custody measure is not not possible for a child under 10 years of age.
On the other hand, from the age of 10, the minor may be heard by the police or gendarmerie in the context of a restraint measure. Unlike police custody, detention is only decided by a magistrate (not a judicial police officer). This magistrate may be an investigating judge or the public prosecutor.
Parents of the minor or adults responsible for the minor (e.g. guardian, guardian) should be immediately notified of this action.
This measure of restraint, which limits the minor's freedom, is possible only if he is suspected of having committed or attempted to commit a punishable offense or crime at least 5 years in prison.
It must also be the sole means of achieving at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Stop a infringement in progress
Deduction must be limited to the time necessary for the deposition (the hearing(b) the minor and his or her appearance before the investigating magistrate.
The deduction may not exceed an initial period of 12 hours.
It may be extended once for 12 hours, in exceptional cases, by a reasoned decision of the magistrate (investigating judge or prosecutor) in charge of the case.
The minor must necessarily meet with the magistrate before any extension.
The judicial police officer (OPJ) must immediately inform the parents or adults responsible for the minor of his detention.
A lawyer must be obligatory designated to assist the minor.
A physician should be obligatory designated to meet the minor from the start of the detention.
Information concerning the investigation conducted by the public prosecutor or the investigation, conducted by a specialized judge, must also be given to the minor.
They must also be communicated to the adults responsible for him (e.g. his parents), if known.
In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.
In these cases (unknown parents, protection of the child and proper conduct of the investigation), the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult.
If he chooses none, the magistrate duty designate one.
Before the hearing
The judicial police officer (OPJ) must provide the minor, his parents or his legal representatives with the following information:
- Maximum retention period
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents at the hearing, except in special circumstances
- Minors' right to privacy, guaranteed by the ban on broadcasting recordings of their hearings
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
After hearing
Minors and adults responsible for them are informed that they can consult the following documents:
- Record of detention
- Medical certificate issued by the doctor
- Minutes of his own hearings, to be signed by the minor
Accompaniment by parents
Parents (holders of parental authority) may accompany the minor at the hearing if the investigators agree. This is the case if they consider it to be in the best interests of the child to be accompanied, provided that their presence does not prejudice the proper conduct of the investigation.
Parents may request a medical examination for the minor and the assistance of a lawyer.
They are not allowed to ask questions or make comments unless the investigators invite them to do so.
Please note
hearing may begin in the absence of the parents but only 2 hours after they are notified.
Support by the appropriate adult
When a appropriate adult has been appointed by the minor, who may also assist him at the hearing.
However, it does not have all the rights granted to parents. He can ask for a medical examination, but he cannot ask for the assistance of a particular lawyer.
He cannot speak during the hearing.
Any hearing of the minor shall be the subject of an audiovisual recording.
The original shall be kept in a secure place in the court responsible for the case. A copy shall be placed on the file.
The recording shall be viewed only if the content of the minutes of the hearing is contested.
Where registration cannot be effected because of technical impossibility, this shall be stated in the minutes of the hearing. The minutes shall state the nature of that impossibility. The public prosecutor or the investigating judge shall be informed immediately.
If there has been no registration, there can be no conviction handed down solely on the basis of the drafting of the minor's statements.
Deduction ends in one of the following situations:
- When the minor is released and entrusted to his or her parents or guardians. He may nevertheless be summoned later before the juvenile judge, if the public prosecutor decides to prosecute him.
- When the minor is brought directly before the public prosecutor, who will decide on the follow-up (a hearing before the juvenile judge, for example).
13 to 15 years
Police custody is established, as part of an investigation, when a minor is suspected of having committed or attempted to commit a crime or a crime punishable by a prison sentence.
Police custody is a measure restricting the minor's freedom. It is decided by a judicial police officer (OPJ), who may be a policeman or gendarme.
Police custody is the mandatory detention of the minor in police or gendarmerie premises for questioning.
From the outset of police custody, the minor must be assisted by a lawyer and examined by a doctor.
In order to place a minor in police custody, this measure must be the only means of achieving at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Cease the current infringement
Police custody initially lasts for 2Four hours.
It may be extended by Maximum additional 24 hours only if the offense in question is punishable by at least 5 years in prison. Such extension shall be authorized by the investigating magistrate.
This magistrate may be the investigating judge or the public prosecutor.
The juvenile in custody must necessarily meet with the magistrate before the extension.
As soon as the judicial police officer (OPJ) decides to take the minor into custody, he or she will duty immediately inform the investigating magistrate (i.e. an investigating judge or the public prosecutor).
The judicial police officer (OPJ) must immediately inform the parents or adults responsible for the minor (e.g. guardian, guardian) of his detention.
Please note
to ensure the proper conduct of the investigation, the magistrate responsible may decide to inform the parents 12 hours after the start of police custody (or 24 hours after if the measure is extended).
In this case, the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the OPJ or the magistrate can appoint one.
Before interrogation
The judicial police officer (OPJ) must provide the minor, his parents or legal representatives with the following information:
- Maximum duration of police custody
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination for minors under 16)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents during questioning, except in special circumstances
- Minors' right to protection of privacy, guaranteed by the ban on broadcasting recordings of their interrogations
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
After the interrogation
The minor and his or her legal representatives shall be informed of the minor's right to consult, as soon as possible and at the latest before the extension of police custody:
- Minutes recording his detention in police custody
- Medical certificate issued by the doctor
- Minutes of his own hearings, to be signed by the minor
Accompaniment by parents (holders of parental authority)
Parents may accompany the minor during questioning if the investigators agree. This is the case if they consider it to be in the best interests of the child to be accompanied, provided that their presence does not prejudice the proper conduct of the investigation.
Parents may request a medical examination for the minor and the assistance of a lawyer.
They are not allowed to ask questions or make comments unless the investigators invite them to do so.
Please note
questioning can begin in the absence of parents but only 2 hours after they are notified.
Support by the appropriate adult
When a appropriate adult has been appointed and may also assist the minor during questioning. However, it does not have all the rights granted to parents. He can ask for a medical examination, but he cannot ask for the assistance of a particular lawyer.
He cannot speak during questioning.
All interrogations of minors shall be recorded by audio-visual means.
The original shall be kept in a secure place in the court responsible for the case. A copy shall be placed on the file.
The recording is viewed only if the content of the interrogation report is disputed.
Where, owing to a technical impossibility, registration cannot be effected, this shall be stated in the examination report. The minutes shall state the nature of that impossibility. The public prosecutor or the investigating judge is immediately notified.
If there has been no registration, there can be no conviction handed down solely on the basis of the drafting of the minor's statements.
Police custody shall end in any of the following situations:
- When the minor is released (the police or gendarmerie must ensure that he will be safe when he leaves their premises). The minor may nevertheless be summoned later to the juvenile judge or the juvenile court, if the public prosecutor decides to prosecute him.
- When the minor is brought before the public prosecutor or the investigating judge, who will decide what action to take (for example, a trial before the children's court)
From 16 years
Police custody is established, as part of an investigation, when a minor is suspected of having committed or attempted to commit a crime or a crime punishable by a prison sentence.
Police custody is a measure restricting the minor's freedom. It is decided by a judicial police officer (OPJ), who may be a policeman or gendarme.
Police custody is the mandatory detention of the minor in police or gendarmerie premises for questioning.
From the outset of police custody, the minor must be assisted by a lawyer and examined by a doctor.
In order to place a minor in police custody, this measure must be the only means of achieving at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Cease the current infringement
Detention of a minor over 16 years of age shall be ordered for an initial period of 24 hours.
It may be extended by 24 hours maximum additional costs, with the authorization of the investigating magistrate.
The extension is made by decision of the investigating judge if he is in charge of the case or of the public prosecutor in other cases.
In all cases, the juvenile in custody must meet with the investigating magistrate before any extension is granted.
As soon as the judicial police officer (OPJ) decides to take the minor into custody, he or she will duty immediately inform the investigating magistrate (i.e. an investigating judge or the public prosecutor).
The judicial police officer (OPJ) must immediately inform the parents or adults responsible for the minor (e.g. guardian, guardian) of his detention.
Please note
to ensure the proper conduct of the investigation, the magistrate responsible may decide to inform the parents 12 hours after the start of police custody (or 24 hours after if the measure is extended).
In this case, the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the OPJ or the magistrate can appoint one.
Before interrogation
The judicial police officer (OPJ) must provide the minor, his parents or legal representatives with the following information:
- Maximum duration of police custody
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination for minors under 16)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents during questioning, except in special circumstances
- Minors' right to protection of privacy, guaranteed by the ban on broadcasting recordings of their interrogations
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
After the interrogation
The minor and his or her legal representatives shall be informed of the minor's right to consult, as soon as possible and at the latest before the extension of police custody:
- Minutes recording his detention in police custody
- Medical certificate issued by the doctor
- Minutes of his own hearings, to be signed by the minor
Accompaniment by parents (holders of parental authority)
Parents may accompany the minor during questioning if the investigators agree. This is the case if they consider it to be in the best interests of the child to be accompanied, provided that their presence does not prejudice the proper conduct of the investigation.
Parents may request a medical examination for the minor and the assistance of a lawyer.
They are not allowed to ask questions or make comments unless the investigators invite them to do so.
Please note
questioning can begin in the absence of parents but only 2 hours after they are notified.
Support by the appropriate adult
When a appropriate adult has been appointed and may also assist the minor during questioning. However, it does not have all the rights granted to parents. He can ask for a medical examination, but he cannot ask for the assistance of a particular lawyer.
He cannot speak during questioning.
All interrogations of minors shall be recorded by audio-visual means.
The original shall be kept in a secure place in the court responsible for the case. A copy shall be placed on the file.
The recording is viewed only if the content of the interrogation report is disputed.
Where, owing to a technical impossibility, registration cannot be effected, this shall be stated in the examination report. The minutes shall state the nature of that impossibility. The public prosecutor or the investigating judge is immediately notified.
If there has been no registration, there can be no conviction handed down solely on the basis of the drafting of the minor's statements.
Police custody shall end in any of the following situations:
- When the minor is released. He may nevertheless be summoned later before the juvenile judge, if the public prosecutor decides to prosecute him.
- When the minor is brought directly to the public prosecutor or to the investigating judge who will decide on the follow-up (a hearing before the juvenile judge (a trial before the juvenile court, for example)
Special case of detention of the minor in the event of a warrant
A minor who is the subject of a national or European arrest warrant may also be detained.
Then:
- If the child was between 10 and 13 years of age, the detention could be extended by the magistrate, who had to justify his decision
- If the child is over 13 years of age, is likely to have committed a crime or an offense punishable by a prison sentence, he or she may be taken into custody.
Deduction is the mandatory retention of a person in police or gendarmerie premises.
Law enforcement officials may detain a minor when he or she is subject to one of the following decisions:
- Mandate to bring
- Arrest warrant
- European arrest warrant
A minor in detention enjoys some of the guarantees provided for minors in police custody.
The judicial police officer (OPJ) must immediately inform the parents or legal representatives of the detention of the minor.
A lawyer must be obligatory designated to assist the minor.
A physician should be obligatory designated to meet the minor under 15 from the start of the detention.
Minor of over 16 years has the right to request a doctor. This right may be exercised by:
- His parents
- Adults responsible for the minor
- Appropriate adult designated by him
- Or his lawyer
Information concerning the investigation conducted by the public prosecutor or the investigation, conducted by a specialized judge, must also be given to the minor.
They must also be communicated to the adults responsible for him (e.g. his parents), if known.
In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.
In these cases (unknown parents, protection of the child and proper conduct of the investigation), the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult.
If he chooses none, the magistrate duty designate one.
Rights notified in the event of an arrest warrant or a warrant to bring
The judicial police officer (OPJ) must provide the minor, his parents or his legal representatives with the following information:
- Maximum retention period
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents at the hearing, except in special circumstances
- Minors' right to privacy, guaranteed by the ban on broadcasting recordings of their hearings
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
Rights notified in the case of a European arrest warrant
The judicial police officer (OPJ) must provide the minor, his parents or legal representatives with the following information:
- Minors' right to be informed and to be accompanied by their parents at hearings
- Minors' right to protection of privacy, guaranteed by the ban on broadcasting recordings of their hearings. This protection is also guaranteed by the organization of in camera hearings and by the prohibition of publication of the transcripts of the hearings or of any element allowing their identification.
- The right to restriction of deprivation of liberty and the use of alternatives to imprisonment. In the event of imprisonment, the minor is entitled to periodic review of this measure.
- Right during possible imprisonment to education and maintenance of family life and preservation of physical and mental development
- Right of the minor to be detained separately from adults
- The right of the minor to health and to freedom of religion or belief
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Warrant to appear
The minor is brought before the investigating magistrate. The magistrate decides on the follow-up (extension of the detention, a trial before the children's court, for example).
Mandate to bring
The minor is brought before the investigating magistrate. The magistrate decides on the follow-up (extension of the detention, a trial before the children's court, for example).
Arrest warrant
The minor is transferred to the detention center (prison) designated on the warrant.
European arrest warrant
The minor must appear before the Investigating Chamber in the context of the procedure for executing the European arrest warrant.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you are from the Department of Justice.
Cost: free service
Service available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Security measures in police custody
Procedure for police custody
Detention of the minor
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Ministry of Justice
Ministry of Justice