Being involved in criminal proceedings in a foreign country is a particularly unsettling experience. Whether you are an expatriate, a tourist, an international student, or a foreign professional living in France, knowing your rights is essential. The French criminal justice system differs significantly from Anglo-Saxon legal systems. Maître Yoram Cohen, a criminal defense attorney in Bourg-la-Reine who regularly assists foreign nationals in Hauts-de-Seine (92), answers the 15 most frequently asked questions.
What should I do if I am arrested in France?
The first and most important rule: stay calm. Do not resist arrest and do not attempt to obstruct law enforcement officers. Here is what you should do:
- Remain polite and cooperative
- Ask to know the reason for your arrest
- Request legal assistance from a lawyer
- Request an interpreter if you do not speak French
- Avoid making any statements without prior legal advice
What is police custody (garde à vue)?
Police custody (garde à vue) is a temporary detention measure carried out by the police or gendarmerie as part of a criminal investigation. It allows the authorities to:
- Question the suspect
- Verify the facts
- Gather evidence
- Prevent any collusion or flight risk
For a comprehensive overview of your rights during police custody, read our dedicated article →
How long can police custody last in France?
In most cases, police custody initially lasts for a maximum of 24 hours. It may be extended depending on the nature of the alleged offense:
- 48 hours upon authorization from the public prosecutor
- 72 to 96 hours for certain serious offenses
- Exceptionally longer durations in cases of organized crime or terrorism
Do I have the right to remain silent in France?
Yes. French law recognizes the right against self-incrimination. From the very beginning of police custody, you are notified of this right. Three courses of action are possible:
- Answer all questions
- Answer only certain questions
- Remain silent
Can I request legal counsel?
Absolutely. The right to legal assistance is one of the most fundamental rights under French criminal procedure. Your lawyer can:
- Explain the procedure and the allegations to you
- Be present during questioning
- Review certain documents in the case file
- Advise you on your statements
- Protect your procedural rights
I do not speak French — what are my rights?
You have the right to understand the charges brought against you. If you do not speak French, an interpreter must be provided to you during:
- Police interrogations
- Court hearings
- Key procedural stages
Can I contact my family or my embassy?
In many cases, yes. Depending on the circumstances, the authorities may authorize notifying a family member, a close relative, your employer, or the consular authorities of your home country.
What happens during a police interview?
During an interview, investigators ask you questions regarding the facts under investigation. The questioning may cover:
- Your identity and contact details
- Your actions and whereabouts at the time of the events
- Your relationship with the alleged victims or witnesses
- Your account of the events
What should I do if the police want to search my home?
Searches are subject to strict legal rules and procedural safeguards. Depending on the circumstances, the authorities may require:
- A judicial warrant (judge's order)
- Your consent in certain cases
- The presence of designated witnesses
What happens at the end of police custody?
Police custody does not automatically lead to prosecution. At its conclusion, several outcomes are possible:
You are released without immediate legal action. The investigation may nevertheless continue.
A formal warning, an awareness course, or a criminal composition depending on the facts.
The case file is forwarded to the public prosecutor, who decides on the appropriate course of action.
You are brought before a judge or tried very swiftly before the court.
What is a criminal record in France?
France maintains a national criminal record (casier judiciaire) in which certain criminal convictions are registered. Depending on the offense and the sentence imposed, a conviction may appear on one or more excerpts (bulletins) of the record. The consequences may include:
- Difficulties in accessing certain employment opportunities
- Obstacles to obtaining professional licenses
- Repercussions on your residence permit or visa
- International travel restrictions
Can a foreign criminal conviction have consequences in France?
In certain cases, yes. Convictions handed down abroad can impact judicial proceedings in France, particularly where international cooperation agreements exist. A foreign conviction can sometimes influence:
- Sentencing decisions in the event of international repeat offenses
- Your immigration status in France
- Certain regulated professional activities
Each situation must be assessed individually in light of applicable laws and active international treaties.
I received a court summons in France. What should I do?
Never ignore a summons. It indicates that legal proceedings are underway and that your presence may be required. Failing to appear can lead to:
- A judgment rendered in your absence (in absentia / par défaut)
- Additional procedural complications
- Enforcement measures
- An arrest warrant in certain cases
Can I leave France during ongoing criminal proceedings?
Sometimes, but not always. Certain judicial measures can restrict your international travel. Depending on the case, authorities may impose:
- Obligations to check in regularly with the authorities
- Bans on leaving the country
- Surrender of your passport
- Judicial supervision (contrôle judiciaire) with travel restrictions
What are the consequences of a criminal conviction for a foreign national?
A criminal conviction can carry consequences that extend far beyond the sentence imposed by the court. For a foreign national, these impacts may include:
- Fines and prison sentences
- Professional consequences (loss of license, disqualification from practicing)
- Issues regarding residence permits or visas
- Risk of an exclusion order from French territory (interdiction du territoire français)
- International travel restrictions
- Damage to your reputation
Why consult a criminal defense lawyer at the very beginning of the proceedings?
Many foreign nationals underestimate the complexity of the French criminal justice system. Criminal cases involving foreign citizens often raise specific challenges: language barriers, strict procedural deadlines, international cooperation mechanisms, immigration impacts, and cross-border issues.
Early intervention by a lawyer protects your rights and significantly improves your ability to navigate the French legal system. The law office of Maître Yoram Cohen, located in Bourg-la-Reine in Hauts-de-Seine (92), provides urgent legal assistance to foreign nationals facing criminal proceedings. Visit the criminal law page →
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