TITLE
PRELIMINARY ARTICLE
III
...
He has the right to be informed of charges brought against him and to be legally defended.
BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION
TITLE II
INQUIRIES AND IDENTITY CHECKS
CHAPTER I
FLAGRANT FELONIES AND MISDEMEANOURS
Article 63-4
At the start of the custody period, the person may request to talk to an advocate. Where he is not in a position to choose one, or if the advocate chosen cannot be reached, he may request an advocate to be appointed to him officially by the president of the bar.
The president of the bar is informed of such a request forthwith and by any means available.
The advocate chosen may communicate with the person under police custody under conditions which ensure the confidentiality of the conversation. He is informed of the type and believed date of the offence investigated by the judicial police officer or by a judicial police agent under the officer's supervision.
Following the conversation, which may not extend beyond thirty minutes, the advocate, if there is occasion to do so, presents written observations which are attached to the proceedings.
The advocate may not mention this conversation to anyone for the duration of the custody period.
Where the police custody has been extended, the person may also request an interview with an advocate at the start of the extension, subject to the conditions and in the manner prescribed by the previous paragraphs.
If the person is in custody for an offence mentioned in 4°, 6°, 7°, 8° and 15° of article 706-43, the interview may take place only after 48 hours have elapsed. If he is in custody for an offence mentioned in 3° and 11° of the same article, the interview with the advocate may only take place after 72 hours have elapsed. The district prosecutor is informed of the definition of the offences recorded by the investigators at the same time that he is notified that the person has been placed in custody.
BOOK I
EXERCISE OF PUBLIC PROSECUTION AND JUDICIAL INVESTIGATION
TITLE III
INVESTIGATING JURISDICTIONS
CHAPTER I
THE INVESTIGATING JUDGE: THE FIRST-TIER INVESTIGATING JURISDICTION
SECTION V
INTERROGATIONS AND CONFRONTATIONS
Article 116
...
Where the provisions of article 80-2 have been applied and the person is aided by an advocate, the investigating judge carries out his interrogation; the person's advocate may present his comments to the investigating judge.
In all other cases, the investigating judge informs the person of his right to choose an advocate or to ask that one be officially appointed for him. The chosen advocate, or in the case of a request for a court-appointed advocate, the president of the bar association, is informed without delay and by any method. If the chosen advocate cannot be contacted or cannot come, the person is advised of his right to request a court-appointed advocate, in order to help him during his first appearance. The advocate may consult the case file at once and freely communicate with the person. The investigating judge then informs the person of his choice to remain silent, to make a statement, or to be interrogated. A record of this information is made in the official record. The consent to being interrogated can only be given in the presence of an advocate. The person's advocate may also present his remarks to the investigating judge.
BOOK IV
SOME SPECIFIC PROCEEDINGS
TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I
JUDICIAL CO-OPERATION
SECTION II
ARRESTS AND TRANSFERS
Article 627-5
Any person who is apprehended in accordance with an application for arrest for the purpose of transfer must be handed over within twenty-four hours to the district prosecutor who is territorially competent. During this period, the provisions of articles 63.-1 to 63-5 apply to him.
After checking the person's identity, the prosecutor informs him, in a language that he understands, that he is named in an arrest application for the purpose of transfer, and that he must appear before the prosecutor general of the Appeal Court of Paris within five days at the latest. The district prosecutor also informs him that he may be assisted by an advocate of his choice, or failing this, by an advocate officially appointed by the bâtonnier of the order of advocates, who is immediately informed by any available means. The arrested person is also informed by the district prosecutor that he may speak to the appointed advocate immediately.
BOOK IV
SOME SPECIFIC PROCEEDINGS
TITLE I
CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I
JUDICIAL CO-OPERATION
SECTION II
ARRESTS AND TRANSFERS
Article 627-6
...
The prosecutor general of the same court informs the apprehended person, in a language that he understands, of the application for arrest for the purpose of transfer, and also of the charges brought against him.
If the person apprehended has already requested the presence of an advocate, who has been duly sent for, the prosecutor general hears his statement.
In all other cases, the prosecutor reminds him of his right to choose an advocate or to ask for one to be officially nominated for him. The chosen advocate, or in case of a request for one to be officially nominated the bâtonnier of the order of advocates, is informed at once by any means available. The advocate may look at the case file straight away, and may freely communicate with the apprehended person. The prosecutor general hears the latter's statement after informing him that he is free to not make one. This notification is recorded in the official record.
ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS
Article 627-5
(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)
After checking the person’s identity, prosecutor informs him, in a language that he understands, that he is named in an arrest application for the purpose of transfer, and that he must appear before the public prosecutor of the Appeal Court of Paris within five days at the latest. The district prosecutor also informs him that he may be assisted by an advocate of his choice, or failing this, by an advocate officially appointed by the bâtonnier of the order of advocates, who is immediately informed by any available means. The arrested person is also informed by the district prosecutor that he may speak to the appointed advocate immediately.
ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 2: ARRESTS AND TRANSFERS
Article 627-6
(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)
If the person apprehended has already requested the presence of an advocate, who has been duly sent for, the public prosecutor hears his statement.
In all other cases, the prosecutor reminds him of his right to choose an advocate or to ask for one to be officially nominated for him. The chosen advocate, or in case of a request for one to be officially nominated the bâtonnier of the order of advocates, is informed at once by any means available. The advocate may look at the case file straight away, and may freely communicate with the apprehended person. The public prosecutor hears the latter’s statement after informing him that he is free to not make one. This notification is recorded in the official record.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and