Facing Criminal Prosecution in France as a Foreigner

What should I do if I am arrested in France?

Rule number one: stay calm. Do not resist arrest, and do not attempt to obstruct the police officers or gendarmes. Specifically:

• Remain polite and cooperative
• Ask for the reason for your arrest
• Request legal counsel from an attorney
• Request an interpreter if you do not speak French
• Make no statements before receiving legal counsel

What is police custody (garde à vue)?

Police custody (garde à vue) is the procedure by which police or gendarmerie detain a person suspected of an offense for the duration of the initial investigation. It allows authorities to:

• Interrogate the suspect
• Verify the facts
• Collect evidence
• Prevent witness tampering or the destruction of evidence

This is an investigative measure, not a conviction. It is strictly regulated by law, and you retain the presumption of innocence. For full details on your rights, read our guide Police Custody: Practical Guide.

How long can police custody last in France?

As a general rule, police custody lasts 24 hours. The public prosecutor may extend it by another 24 hours, totaling 48 hours, if the offense carries a prison sentence of at least one year.

For certain serious offenses (organized crime, drug trafficking), it can extend to 96 hours, and up to 144 hours in terrorism-related cases.

Do I have the right to remain silent?

Yes. French law protects the right against self-incrimination. You must be informed of this right from the very start of police custody. You may:

• Answer all questions
• Answer only specific questions
• Remain silent

There is no one-size-fits-all approach. The right strategy depends on the facts of the case and the evidence held by investigators. It is ideally determined alongside your attorney prior to the interrogation.

Can I request a lawyer?

Yes, right from the start of police custody. This is one of the most critical rights in French criminal procedure. You may choose your own defense counsel or request a court-appointed attorney. Your attorney can:

• Explain the proceedings and the allegations you face
• Consult with you confidentially before the interview
• Attend your interviews and confrontations
• Review certain documents in the case file
• Advise you on your statements and protect your rights

I do not speak French: what are my rights?

You have the right to understand the proceedings brought against you. An interpreter must be provided to you during:

• Police interrogations
• Hearings
• Key stages of the proceedings

Can I contact my family or my embassy?

In most cases, yes. You may request that a relative, your employer, and, if you are a foreign national, the consular authorities of your home country be notified. Investigators may occasionally delay this notification if strictly required by the investigation.

Consular assistance is an additional safeguard alongside legal defense by a lawyer. Request it as soon as custody begins.

How is a police interrogation conducted?

Investigators will question you regarding the facts under investigation. Questions generally concern:

• Your identity and personal background
• Your whereabouts at the time of the alleged events
• Your connections to the victims or witnesses
• Your account of the events

What should I do if the police want to search my home?

A search is governed by strict legal rules. Depending on the framework of the investigation, police officers must have:

• your written consent or a judicial warrant (preliminary investigation)
• the presence of the person concerned or, in their absence, two independent witnesses

As a rule, searches must be conducted between 6:00 a.m. and 9:00 p.m., with limited exceptions. Remain cooperative, ask to see the legal basis for the search, and ensure that an official record is drawn up. Contact your lawyer as soon as possible.

What happens at the end of police custody?

Police custody does not systematically lead to prosecution. Several outcomes are possible:

What follows depends on the severity of the alleged offense and the evidence gathered. Your lawyer helps you anticipate each step.

What is a criminal record in France?

The national criminal record registers certain convictions. Depending on the offense and the penalty, they appear on one or more record extracts (bulletins no. 1, 2, or 3). They may impact:

• Access to certain types of employment
• Professional licenses and accreditations
• Residence permits or visas
• International travel

Does a conviction handed down abroad have consequences in France?

In certain circumstances, yes. States exchange information regarding convictions, particularly within the European Union and under international cooperation treaties. A foreign conviction may influence:

• The sentence imposed in the event of a new offense
• Your legal residency status in France
• The practice of certain regulated professions

Each situation must be analyzed in light of the applicable legal provisions and international conventions.

I received a court summons: what should I do?

Never ignore a court summons. It indicates that proceedings have been initiated and that your presence may be mandatory. Failure to appear may result in:

• A judgment rendered in your absence
• Procedural complications
• Enforcement measures
• An arrest warrant in certain cases

Can I leave France during criminal proceedings?

Sometimes, but not always. Depending on the case, the courts may impose:

• Regular check-in requirements
• A travel ban prohibiting you from leaving the country
• The surrender of your passport
• Judicial supervision (bail conditions) with travel restrictions

What are the consequences of a conviction for a foreign national?

A conviction has ramifications that go far beyond the penalty itself. For a foreign national, it can lead to:

• A fine or a prison sentence
• Professional consequences (loss of license, disqualification from practicing)
• Difficulties with your residence permit or visa
• A ban from French territory in certain cases
• Travel restrictions
• Reputational damage

These collateral consequences are sometimes just as severe as the sentence itself. That is why your defense must be strategically planned from the very beginning.