Disappearance of an adult

Verified 26 June 2023 - Legal and Administrative Information Directorate (Prime Minister)

You want to know who you can contact to report the disappearance of an adult, when it can be considered worrying or not and, if the person is found, who to notify?

The procedure is different depending on whether the disappearance took place in France or abroad.

We present you with the information you need to know.

In France

When an adult who is part of your entourage disappears, an investigation can be opened by the police or the gendarmerie. In order to do this, disappearance must be considered as disturbing.

However, once found, the person is free whether or not they come into contact with their loved ones.

There is no clear definition of a disturbing disappearance.

However, the worrying nature of the disappearance can be traced to the following:

  • Departure without personal belongings
  • Vulnerability of the person due to age, illness, placement under guardianship or trusteeship or disability
  • Discovery of suicidal mail or threats
  • Suspected radicalization

If there are worrying signs of disappearance and if you are a relative of the disappeared person (spouse, partner, brother, sister, parent, child, etc.) or his employer, you can request an investigation.

To do this, you can contact the police or the gendarmerie.

The survey is carried out with two different means:

  • Registration of the missing person in the wanted persons index (RFT). Thus, the police and gendarmes can know, during a check-up, that the person is missing. Law enforcement agencies of the the Schengen area shall also have access to that information.
  • Search by the police and gendarmes in the personal files of private and public bodies (telephone operators, banks, taxes,...). For example, they can view their phone bills or credit card statements. They also have the possibility of making a request for the location of the mobile phone.
    Access to these elements facilitates the hearing of potential witnesses and the location of the missing person.

This investigation is aimed at finding the person, not at looking for an offense (which is prohibited by law).

After 1 year of searching, if the person is still not found or if there is no evidence of death, a certificate of fruitless searches may be issued by the police or gendarmerie.

This certificate is issued to the family.

It has legal force and proves that the person is indeed missing.

It can be used in the case of succession, for example.

The investigation may, however, continue after the certificate has been issued.

After the certificate of unsuccessful search has been issued, the family of the disappeared person may apply to the protection litigation judge (former guardianship judge) for a finding of presumption of absence.

This finding allows the judge to designate a relative of the missing person to temporarily manage his or her property.

You can apply using the following form:

Application for a declaration of presumption of absence

The form must be filed in the court of the domicile of the missing person or the person wishing to manage his property.

Who shall I contact

In the most serious cases, a judicial inquiry can be opened, particularly if you suspect that the disappeared person is kidnapped, kidnapped or radicalized...

The investigation will be under the responsibility of a magistrate (prosecutor or investigating judge).

The family can file a complaint and report civil party.

The judicial inquiry may be opened following the investigation into the disappearance, if there is evidence to suggest that an offense has been committed.

If you don't have evidence that the missing person is in danger, you will have to find them on your own. A formal investigation will not be possible.

To do this, you can notably:

  • Help you with social networks
  • Contact his birthplace or his last known home to find out if she's still alive
  • Contact the Central Civil Registry Service, if the person was born abroad
Who shall I contact

If you are a member of his family, you can ask the protection litigation judge (former guardianship judge) for a finding of presumption of absence.

This will allow the judge to designate a relative of the missing person to temporarily manage their property.

You can apply using the following form:

Application for a declaration of presumption of absence

The form must be filed in the court of the domicile of the missing person or the person wishing to manage his property.

Who shall I contact

If you have found the person alive yourself and an investigation has been initiated, you should notify the following:

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In case of an investigation into the disappearance

The police or gendarmerie must be notified in order for the ongoing investigation to be closed.

In the event of a judicial inquiry

The public prosecutor or investigating judge must be notified.

However, the investigation may continue into the reasons for the disappearance.

The disappeared person, informed that a decision on presumption of absence has been taken by a judge, has the opportunity to report to him. This will enable it to manage all of its assets again.

FYI  

in any case, the person found is free to stop communicating with their loved ones.

Abroad

If one of your relatives of French nationality has disappeared abroad (as a tourist or permanent resident), you can report his disappearance to the French Ministry of Foreign Affairs.

However, once found, the person is free whether or not they come into contact with their loved ones.

There is no clear definition of a disturbing disappearance.

However, the worrying nature of the disappearance can be traced to the following:

  • Unusual absence of contacts
  • Presence in a dangerous geographical area
  • Vulnerability of the person due to age, illness or disability
  • Discovery of suicidal mail or threats
  • Suspected radicalization

If there are such indications, if you feel that the missing person is in danger, you can call for an investigation.

To do this, it is strongly recommended to follow the steps following:

1. Contact the French Foreign Ministry.

It will undertake to solicit the local authorities and transmit any relevant information. It may also issue a notice of research.

The investigation in the country concerned will, however, remain the responsibility of the local authorities.

2. Report the disappearance to the French police or gendarmerie for an investigation in France

There may be an investigation in France in addition to the investigation in the country concerned.

An investigation in France is automatically triggered in the following cases:

  • If you are a relative of the missing person (spouse, partner, brother, sister, parent, child, etc.) or his employer
  • Whether the person is a protected adult (under guardianship or curatorship)

In other cases, police and gendarmes may find that it is not a worrying disappearance. The public prosecutor may decide in the event of disagreement.

Once opened, the survey is carried out with 2 different means:

  • Registration of the missing person in the wanted persons index (RFT). Thus, the police and gendarmes can know, during a check-up, that the person is missing. Law enforcement agencies of the the Schengen area shall also have access to that information.
  • Search by the police and gendarmes in the personal files of private and public bodies (telephone operators, banks, taxes,...). For example, they can view their phone bills or credit card statements. They also have the possibility of making a request for the location of the mobile phone.
    Access to these elements facilitates the hearing of potential witnesses and the location of the missing person.

This investigation is aimed at finding the person, not at looking for an offense (which is prohibited by law).

After 1 year of searching, if the person is still not found, or if there is no evidence of death, a certificate of fruitless searches may be issued by the police or gendarmerie.

This certificate is issued to the family.

It has legal force and proves that the person is indeed missing.

It can be used in the case of succession, for example.

The investigation may, however, continue after the certificate has been issued.

3. Request a finding of presumption of absence

After the certificate of unsuccessful search has been issued, the family of the disappeared person may apply to the protection litigation judge (former guardianship judge) for a finding of presumption of absence. This finding allows the judge to designate a relative of the disappeared person responsible for temporarily managing his property in France.

You can apply using the following form:

Application for a declaration of presumption of absence

The form must be filed in the court of the French domicile of the disappeared person or of the person wishing to manage his property.

Who shall I contact

In the most serious cases, a judicial inquiry can be opened, particularly if you suspect that the disappeared person is kidnapped, kidnapped or radicalized...

The investigation will be under the responsibility of a magistrate (prosecutor or investigating judge).

The family can file a complaint and report civil party.

The opening of a judicial investigation abroad does not prevent the opening of a judicial investigation in France.

French courts may have to cooperate with the courts of the country concerned.

The judicial inquiry may be opened following the investigation of the disappearance, if there is evidence that an offense has been committed (which is prohibited by law).

During the investigation, you can obtain information from the French Embassy of the country concerned.

If you don't have evidence that the missing person is in danger, you will have to find them on your own. An official investigation both abroad and in France will not be possible.

To do this, you can notably:

  • Contact local authorities directly (embassy, consulate, foreigners police)
  • Help you with social networks
  • Contact his birthplace or his last known home (in France) to find out if she's still alive
    Who shall I contact

If you are a member of his family, you can ask the protection litigation judge (former guardianship judge) for a finding of presumption of absence.

Thus, the judge will be able to designate a relative of the disappeared person to temporarily manage his or her property in France.

You can apply using the following form:

Application for a declaration of presumption of absence

The form must be filed in the court of the French domicile of the disappeared person or of the person wishing to manage his property.

Who shall I contact

If you have found the person alive yourself and an investigation has been opened, you must notify the French Ministry of Foreign Affairs. He will take care of notifying the local authorities.

However, you should also tell the following:

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In case of an investigation into the disappearance

The police or gendarmerie must be notified in order for the ongoing investigation in France to be closed.

In the event of a judicial inquiry

The public prosecutor or the investigating judge must be notified. However, the investigation could continue in France and abroad on the reasons for the disappearance.

A missing person who has been informed that a decision on presumption of absence has been made by a judge has the opportunity to report to him. This will enable it to manage all of its assets again.

FYI  

in any case, the person found is free to stop communicating with their loved ones.