Disappearance of an adult

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.

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

  • Town Hall

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.

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:

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.