Police custody (garde à vue) is governed by Articles 62-2 et seq. of the French Code of Criminal Procedure.
Police custody is a measure depriving a person of their liberty, ordered by a judicial police officer under the supervision of the judicial authority, against a person for whom there are "one or more plausible reasons to suspect that they have committed or attempted to commit a crime or an offence".
It lasts 24 hours and may be renewed once by the judicial authority (48 hours in total). For the most serious offences it can be extended to 72 hours, or even 96 or 144 hours in drug trafficking or organised crime cases — the decision then lies with a sitting judge.
A voluntary interview (audition libre) differs from police custody in that there is no constraint: the person being questioned may leave the police or gendarmerie premises at any time, and no force may be used to keep them there.
For both measures, the law provides for the right to be assisted by a lawyer. Failure to respect the rights guaranteed by the Code of Criminal Procedure may amount to a procedural defect.
At the end of police custody, the public prosecutor may decide to bring the person before the court for an immediate appearance or with a view to a judicial investigation — procedures with major consequences for the person's liberty (judicial supervision or remand in custody).
The involvement of a criminal defense lawyer from the police custody or voluntary interview stage is essential to set the defense strategy: use of the right to remain silent, content of the statements, and so on.
