Identity checks
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Legal resources > Criminal law > Identity checks
The police can control the identity of any person in the public space, as part of their mission of judicial police (investigation and prosecution of offenses) and administrative police (prevention of disturbances to public order ). In the following lines, we will present to you the legality conditions of these controls, the persons authorized to carry out them, and the rules of identity verification .
Identity checks and verifications are governed by Articles 78-1 to 78-6 of the Code of Criminal Procedure .
Identity checks by the Judicial Police
Reactive controls
Five cases foreseen by 78-2 : ⱻ one or more plausible reasons to suspect that the person has : committed or attempted to commit an offense // is preparing to commit a crime or an offense // is likely to provide information useful for the investigation of a crime or offense // has violated the obligations or prohibitions to which it is subject within the framework of a CJ, an ASS, a sentence or measure controlled by the JAP // is the subject of research ordered by a judicial authority
Plausible reasons - they must be objective.
Distinction with identity records - for identity records, those who do so have no power of coercion (ie. Municipal police). In the event of refusal or inability to submit to such a statement, the agent must report to an OPJ who can order the offender to be presented immediately. The OPJ then carries out an identity verification under the conditions provided for in 78-3.
[similar provisions for agents of public transport services : 529-4]
Proactive controls
1 ° The requisitions of the Prosecutor
78-2 paragraph 7 identity check on written requisitions from the Public Prosecutor for the purposes of research and prosecution of offenses.
Prohibition of the accumulation of requisitions and generalized controls in time and space : decision of the Constitutional Council (QPC) and interpretation by the Court of Cassation (not. The 1st civil chamber ..).
2 ° The fight against illegal work
78-2-1 : condition of presentation of requisitions to the person having the premises or the representative, is not foreseen under penalty of nullity.
Administrative Police checks
A. Administrative police checks - 78-2 paragraph 8
Prevention of breaches of public order, Ɐ the behavior of the person concerned.
The police officers must justify by reporting the existence of a serious and current risk of attacking public order at the place and at the time when the control takes place.
Regular checks even if the reason for arrest following the check has no link with the offenses previously noted in the sector.
B. Schengen controls - 78-2 paragraphs 7 to 9
Controls which aim to " verify compliance with the obligations of holding, carrying and presenting the documents and documents necessary for crossing borders ". any misuse of procedure is null and void.
Identity checks
Last update: July 2020