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Identity Control

Last Updated on Monday, 13 June 2011 10:51 Written by Administrator Monday, 13 June 2011 10:45

There are two types of identity checks: the identity check prevention and control of identity in the framework of police operations.

The law provides that you can prove your identity by any means (national identity cards, consular card, passport, for example, or by several witnesses) and that alone can perform these controls, police officers and, on the order and under their responsibility, the judicial police assistants.

This means that the municipal police officers may conduct such identity checks - no more than agents of transport. However since the law April 15, 1999, municipal police officers are authorized to take the identity of a person who violates an order of the mayor or police some rules of the Highway Code. If the offender is executed, the agent draws up a report. In case of refusal or lack of identification, the officer must refer the matter to a Judicial Police Officer who gave him his instructions. As for the agents of transportation, they can lead an offender without paper or fails to show a OPJ (Judicial Police Officer) for identity checks.


The identity check preventive

The law requires any person to submit to identity checks to prevent damage to public order. In addition, a circular of August 19, 1993 states that "assembly of persons of particular importance or behaviors [...] without the commission of crimes is necessarily to fear" can justify such controls.

The identity check as part of police operations

The law requires any person to submit to identity checks that the prosecutor requested. But in his submissions, the prosecutor must specify the locations (places where crimes are likely to commit or is committing usually) and the period of such controls and the offenses (receiving stolen goods, drug trafficking .. .).

If you refuse or if you are unable to prove your identity, you may be retained on site or at the premises of the police "for the time strictly required by the establishment of your identity," but it may exceed four hours.