1. Stopped By The Police On The Street, Now What?

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  • Stay calm. It is not a good idea to run. Speak carefully and clearly. Anything you say can be used against you in a court of law.
  • It is not a good idea to touch the officers. Keep your hands where the police can see them.
  • It is not a good idea to resist, even if you're innocent or if you think the police are acting unfairly or unlawfully.

a. Can the police arrest you for refusing to answer questions?

If you are stopped by the police on the street, the police typically have the right to request identification from you if they have a valid reason, for example, if they think you are involved in a crime.

Failing to provide basic identification information, such as your name and address, can get you in legal trouble. However, the police cannot arrest you solely for refusing to answer other questions beyond basic identification, and they cannot arrest you without a valid reason. Droits en cas de contrôle de police ou de gendarmerie.

Chapitre III : Des contrôles, des vérifications et des relevés d'identité (Articles 78-1 à 78-7) - Légifrance articles 78-1 to 78-7

Contrôle d'identité | Service-public.fr

b. What if the officers do not identify themselves?

Uniformed police officers must clearly display their identification number badge. Police officers not in uniform must, when stopping you, display a police marking such as an armband and have an official document with their identification number on their person. 

Arrêté du 24 décembre 2013 relatif aux conditions et modalités de port du numéro d'identification individuel par les fonctionnaires de la police nationale, les adjoints de sécurité et les réservistes de la police nationale - Légifrance

c. What if an officer just begins speaking to me but does not order me to do anything?

You are not obligated to respond to questions from a police officer beyond providing your name and proof of your identity when demanded. Any further interrogation must be conducted by a senior officer or a magistrate after you have been informed of your rights (Article 78-2 and 78-3 of the Process Penal Code).

d. What if the officer is not in uniform or identified as an officers but I think it is one?

Normally, officers should work in uniform and clearly display their identification number badge. You have the right to see this.

Police officers not in uniform must, when stopping you, display a police marking such as an armband and have an official document with their identification number on their person.

Arrêté du 24 décembre 2013 relatif aux conditions et modalités de port du numéro d'identification individuel par les fonctionnaires de la police nationale, les adjoints de sécurité et les réservistes de la police nationale - Légifrance

e. Can I tell police I do not want to speak without a lawyer?

You don't need to speak to a police officer if you don't want to. It's always good to be respectful to the police. The police officer is only allowed to ask your identity if they think you are involved in a crime. Any further question must be done by a senior officer or a magistrate after you have been informed of your rights, including the right to have a lawyer present if you are suspected of a crime punishable by jail.

This is according to the law (Qu'est-ce qu'une audition libre ? | Service-Public.fr). 

f. If I sit down, am I resisting?

The law says it is an offence to resist arrest or insult a police officer. If the police officer has not told you that you are under arrest and you are not doing anything to insult the officer or obstruct them, then by simply sitting down you would not be committing an offence. 

Articles 433-5 and -6

Section 4 : De l'outrage (Articles 433-5 à 433-5-1) - Légifrance

Section 5 : De la rébellion (Articles 433-6 à 433-10) - Légifrance

g. If I am stopped in a group, and some kids run, can I run?

If a police officer stops you in a group, it is not a good idea to run. You do not have to answer any questions. If they think you have committed a crime, they can ask you for your ID and you must give it to them. 

(Article 78-2 and 78-3 of the Process Penal Code).

h. Can I tell others (siblings, for example) to run?

It is not a good idea to run from the police in any situation. If the police has reason to stop your friend or sibling, telling them to run may put you in trouble. Tell the others that they do not need to answer any questions. If the police think you are involved in a crime, they can ask for your ID and you must give it to them. 

(Article 78-2 and 78-3 of the Process Penal Code).

i. If the officer's language is not my first language, can I tell them without waiving my rights?

You do not have the right to be questioned in a language other than French when stopped in the street, however the only question you must answer when stopped is your name. If an officer detains you and brings you in for questioning, they must inform you of your rights, including the right to be assisted by a translator if you do not understand French. 

Qu'est-ce qu'une audition libre ? | Service-Public.fr

j. If I did not do anything, can they stop me?

Even if you know you haven't done anything wrong, the police can stop you if they believe you have done something. They can then ask for your ID, and you have to give it to them. The police may even detain you and bring you back to the police station if you refuse to provide your ID.

It's important to cooperate with the police during such encounters, provide basic identification information when requested (such as your name and address), and remain calm and respectful. If you believe your rights are being violated during the encounter, you may choose to document the situation and seek legal advice afterward.

It may be difficult to challenge the right of an officer to check your ID when stopped on the street as they are empowered to take you to the police station to show you the basis for the stop.

Chapitre III : Des contrôles, des vérifications et des relevés d'identité (Articles 78-1 à 78-7) - Légifrance art 78-3

Contrôle d'identité | Service-public.fr

2. When Can Police Search You and Your Surroundings?

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  • You have the right to say no to searches of you without warrants.
  • You have the right to say no to searches of your car, house or other surroundings without warrants.
  • You cannot be arrested for refusing to consent to a search without a warrant.
  • A warrant is a court order so you have no choice but to consent.

a. What if they want to search my phone?

In France, as in many other countries, the police cannot search your phone without a valid reason. However, if a police officer has a valid reason to believe your phone contains information which may be useful to their investigation, they have the right to order a search of your phone. 

You do not have the right to refuse to give the police the password to your phone has been used in the commission of a crime.

La police peut-elle fouiller mon téléphone portable ? - Marina STEFANIA (avocat-stefania.fr)

article 434-15-2 du Code pénal

b. What if they ask me for my password to my phone?

You do not have the right to refuse to give the police the password to your phone has been used in the commission of a crime.

Article 434-15-2 - Code pénal - Légifrance

c. What if they tell me to give them my password or other access to my phone?

You do not have the right to refuse to give the police the password to your phone has been used in the commission of a crime.

Article 434-15-2 - Code pénal - Légifrance

d. Do I have to give them my device password if they demand it from me if I am not under arrest? What if they just ask for it?

You do not have the right to refuse to give the police the password to your phone has been used in the commission of a crime.

If you are not under arrest and a senior officer has not informed you that they demand to search your phone as part of an investigation into a crime, then you may refuse to give them the password.

Article 434-15-2 - Code pénal - Légifrance

e. What tools can police use to search me? What technology? (Facial recognition, hidden cameras, finger print searches, etc.)

Unless formally arrested, Police may only frisk you for their own security "Palpation de sécurité". Police may also wear a bodycam.

Police officers may also collect biometric information (fingerprints, DNA, photos) to compare to crime scene evidence if they have a reasonable suspicion you have committed a crime. 

Dispositifs de captation vidéos : l'Etat vous informe | Ministère de l'Intérieur

Article 55-1 - Code de procédure pénale - Légifrance

f. Can they search my backpack or other item I am carrying?

In France, the police can conduct searches of your person or belongings if there are legitimate reasons to do so, but certain conditions and legal procedures must be followed. The police may search your backpack or other items you are carrying under the following circumstances:

  1. Consent: If you voluntarily consent to a search, the police can search your backpack or other belongings. However, you have the right to refuse consent.
  2. Search Incident to Arrest: If you are being arrested, the police can conduct a search of your person and the items you are carrying, including your backpack. This is primarily for safety reasons and to prevent the destruction of evidence.
  3. Reasonable Suspicion: If the police have a reasonable suspicion that you may be involved in criminal activity or that your backpack contains evidence of a crime, they may conduct a search without a warrant. This suspicion should be based on specific, articulable facts and not just a mere hunch.
  4. Warrant: The police can search your backpack or other items if they obtain a search warrant from a judge. To obtain a search warrant, they typically need to demonstrate probable cause for the search. Contrôle de sécurité : fouille corporelle, vérification d'un sac, du véhicule... | Service-public.fr

g. Can they take my picture or record me?

The police may use body cameras to record an arrest or other interaction with a member of the public. The use of a camera is also permitted to use a camera to record someone in public. 

Public authorities are also allowed to place videosurveillance cameras in public places. 

Dispositifs de captation vidéos : l'Etat vous informe | Ministère de l'Intérieur

Captation d’images sur la voie publique et recours à la géolocalisation en urgence par un OPJ - Enquête | Dalloz Actualité

Caméras de surveillance sur la voie publique et dans les lieux ouverts au public | Service-Public.fr

h. Can they ask me where I am going and why?

They can ask but you don’t need to answer. You can be cooperative with police. The police is only allowed to ask your identity.

(Article 78-2 and 78-3 of the Process Penal Code).

3. Reasons Police May Detain or Arrest You

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  • The police may arrest you because they suspect you of committing (or having committed) a violation of the law, or if they suspect that you currently have evidence of a crime.
  • Sometimes police have a warrant for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
  • It is a good idea to review any paper from police/warrant carefully, to ensure you understand what exactly is covered.
  • If arrested, you may be charged with a felony for a more serious crime (with potential jail time of one year or more), a misdemeanor for a less serious crime (with jail time of less than one year) or a violation.
  • If the police arrest you, they also have the right to search you. Anything found during this search may be used as evidence against you.

a. What if I did not do anything illegal, must I speak with the police and answer questions?

If you have not done anything illegal, you do not have to answer any questions but you should prove your identity (name, address and date of birth) to the police. This is according to the law (Article 78-2 of the Process Penal Code). If you are under 16 years old and you are unable to satisfy the police as to your identity, you have the right to ask for your parent or legal guardian to be informed. You can use any document with your name on it, such as a student card, library card, passport, etc.

(Article 78-2 and 78-3 of the Process Penal Code).

b. What if they tell me something they are investigating that is wrong? Must I correct them?

You have the right to remain silent and do not have the obligation to answer the police's questions (other than providing them with your identity) or to correct their mistakes. 

While you are allowed to correct their mistakes, police officers do not have to believe you and may use what you tell them against you if you end up inadvertently informing them of an offense. 

Article 61-1 - Code de procédure pénale - Légifrance

c. What if a police officer just begins speaking to me but does not order me to do anything?

It's always good to be collaborative and respectful with the police. You don't need to engage in a conversation with a police officer if you don't want to. The police officer is only allowed to ask your identity. This is according to the law (Article 78-2 and 78-3 of the Process Penal Code).

d. What is the legal difference between talking to them if they do not tell me I am under arrest, versus after they inform me that I am under arrest?

If you are questioned after an arrest, you will be informed of your rights and an official transcript will be established of what you said and to whom. This transcript will be given to you to sign, though if you refuse to sign it is still valid.

If you are questioned before an arrest, a police officer may still draw up an official transcript, but it has less value as proof of what was said. 

An officer may always testify in court to what you say to them, unless they have infringed your rights.

Qu'est-ce qu'une audition libre ? | Service-Public.fr

Qui peut témoigner en justice ? | vie-publique.fr

4. The difference between police TELLING me what to do and ASKING me to do something.

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a. What is the difference between the police deciding to search me or my belongings (phone, person, backpack) and me agreeing to the search?

For the police to decided to search your person or your belongings, they must have a reasonable belief that you have committed a crime or that the evidence of a crime may be found in your belongings. 

If you consent to a search, the police do not need to have a reasonable belief. 

Qui peut témoigner en justice ? | vie-publique.fr

b. What if they tell me to give them information versus them asking and me providing answers voluntarily?

Your declarations to the police may be used against you regardless of whether you've been asked a question or you've volunteered the information. However, if the police suspects you of a crime, they must inform you of your rights before questioning you. 

You have the right to remain silent during a criminal investigation.

Qu'est-ce qu'une audition libre ? | Service-Public.fr

5. Do Police Need A Warrant To Arrest You?

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  • No. Police officers can legally arrest you without a warrant in several circumstances:
    • When the crime is committed in front of the police officers; or
    • When the officer has probable cause (reason to suspect) that the suspect committed a felony, whether or not the act was done in front of them.

a. If I did not do anything, can they stop me?

Yes. In certain areas like train stations and airports and under certain circumstances, police officers are allowed to stop you and check your identity to ensure the public safety.

Art. 78 and following French Criminal Code of Procedure

Kapitel III: Kontrollen, Überprüfungen und Identitätsnachweise (Artikel 78-1 bis 78-7) - Légifrance (legifrance.gouv.fr)

2014_Code_of_ethics_of_the_police_and_the_gendarmerie_in_France.pdf (rightofassembly.info)

b. Can I ask for the reason they stopped me?

In order for the identity check to be lawful, it must be based on objective and reasonable justifications, to protect you personal data and dignity. This is why you can ask for the reason they stopped you, but they don't have to answer you due to internal police tactics and decisions.

Preventing unlawful profiling today and in the future: a guide (europa.eu), page 23.

2014_Code_of_ethics_of_the_police_and_the_gendarmerie_in_France.pdf (rightofassembly.info)

c. Can I advocate for another young person stopped by police if we are stopped together?

You may only provide a confirmation of the identity of someone stopped alongside you. You should refrain to provide any more voluntary information about someone else. 

(There is no rule stopping you from helping but it is not advisable)

d. If I think the stop is unjustified, what can I do?

If you believe a stop is not justified, you may document it and present this documentation to the magistrate in charge of the officer when brought to the station. 

You also have three different recourses: 

  1. you may complain to the human rights office, who may inform the prosector's office directly or other competent authorities. 
  2. contact internal affairs to ask they open an investigation.
  3. Bring charges against the officer if you think they have committed an offense in illegally detaining you. 

Porter plainte contre la police ou la gendarmerie : le guide

Litige avec les forces de l'ordre ou un organisme privé chargé de la sécurité | Service-Public.fr

e. Can I get the officer's identifying information for a future complaint?

Police officers must clearly display their identification number badge. You have the right to see this.

Strafverfolgung: Der Staatsrat fordert die Regierung auf, das effektive Tragen und die Lesbarkeit der individuellen Identifikationsnummer zu gewährleisten (conseil-etat.fr)

French court rules police must clearly display ID number | Reuters

2014_Code_of_ethics_of_the_police_and_the_gendarmerie_in_France.pdf (rightofassembly.info)

6. How Do You Know If You Are Under Arrest?

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  • You are under police custody if you do not feel free to leave an officer's presence, or if a reasonable person in your shoes would not feel free to leave.
  • If the following happens, you are likely under arrest under the law:
    • an officer handcuffs you;
    • an officer forcibly holds you down;
    • an officer forcibly puts you into the back seat of a police car; or
    • you are in long-time investigation with lodging.
  • An officer only has to warn you of your rights before the police question you. This means an officer can arrest you before warning you of your rights.
  • An arrest without rights warnings is still a valid arrest; it just may mean that evidence collected from it is admissible in court later.

a. What if I do not know if I am under arrest?

In France, if you're uncertain about whether you are under arrest, you can ask the police or gendarmes for clarification. It's important to know your rights and to assert them in such situations.

Here are some steps you can take if you are unsure if you are under arrest:

  1. Ask for Clarification: Politely ask the law enforcement officers if you are under arrest or if you are free to leave. You can say something like, "Am I free to go, or am I under arrest?"
  2. Stay Calm and Cooperative: It's important to remain calm and cooperative during any interaction with law enforcement. Comply with their requests, such as providing identification, as long as they are within the bounds of the law.
  3. Invoke Your Rights: If you believe your rights are being violated, assert your rights, such as your right to remain silent or your right to an attorney. You can say something like, "I choose to remain silent until I speak with an attorney."
  4. Consult with an Attorney: If you have concerns about your situation, consider consulting with an attorney as soon as possible. They can provide you with legal advice and guidance tailored to your specific circumstances.
  5. Document the Interaction: If possible and without putting yourself in danger, document the interaction, including taking notes, recording video or audio, or obtaining contact information from any witnesses.

Garde à vue | Service-Public.fr

b. What is the difference between detention and arrest?

There is no such thing as an arrest in France. If you are taken into police custody, then the polcie may only hold you for a short period of time (24 hours, extendable for another 24 hours for serious crimes). 

Beyond that time, if the police want to hold you, then you must be indicted and presented to a magistrate. That magistrate may ask a court to hold you in pre-trial detention. Depending on the type of crime you are accused of and the sort of trial that you face, you may be held in pre-trial detention for 3 days to 2 years (with any time held deducted from a potential future sentence). 

Garde à vue | Service-Public.fr

Détention provisoire - Comparution immédiate | Service-Public.fr

c. If I am handcuffed, am I arrested?

Handcuffs are only used when you are apprehended and if Police suspects is either you are dangerous to others or to themselves, or likely to try to flee.

There is no direct equivalent to arrest in France.

Article R434-17 - Code de la sécurité intérieure - Légifrance

d. If my liberty is restricted, am I under arrest?

Your liberty may be restricted temporarily during an Identity check 'contrôle' until you provide evidence of your identity. Should you refuse or are unable to provide your identity, your liberty may be furthermore restricted for up to 4 hours in a Police station to verify your identity (Verification). Any further restriction of liberty for a minor may only be done if the police have a reasonable belief you have committed a crime.

Article 78-2 - Code de procédure pénale - Légifrance

7. What To Do After Being Warned of Your Rights

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  • You can use your right to remain silent or any of your other rights (e.g., the right to an attorney) by saying that you want to use that right. For clarity, to use right to remain silent, you don't have to tell to do.
  • You are also able to waive your rights (that is, not use them) by, for example, saying 'Yes, I understand my rights but I am ready to talk to you'. This is not a good idea without a lawyer's advice.
  • Make sure you know what you're doing in giving up your rights.

a. How do things change if I am read my rights by police?

You have rights whether you are questioned as a person of interest or as a suspect. Yours rights are mostly the same in both circumstances, though if you are questioned as a suspect you may not be free to leave. 

Your rights include the right to an attorney, to contact a friend or relative, to be seen by a doctor, the be assisted by an interpreted, and to remain slient. 

The police must notify your parents or legal guardian.

Section 1 : De la retenue (Articles L413-1 à L413-5) - Légifrance

b. Does it matter where I am when the police read me my rights? (street, station, police car, etc.)

The police must read you your rights as soon as they question you as a suspect or a person of interest in a crime. The location of the questioning does not matter. 

Qu'est-ce qu'une audition libre ? | Service-Public.fr

Garde à vue | Service-Public.fr

8. Police Questioning You

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  • You are not required to make a statement, answer police questions or participate in a police investigation, and you never have to go anywhere with the police unless they have arrested you.
  • If police has arrested you and if you are under the age of 20, police generally notifies your parent, caretaker or legal guardian immediately in practice.

a. Am I required to make a statement?

You have the right to remain silent. However, as we saw with the questions on your phone, you do not have the right to refuse to give your phone's password. 

That's because the right to remain silent only applies to what you might say which cannot be obtained by technical means. Since the content of your phone could be obtained by technical means (hacking or breaking into your phone), the password is not considered testimony which you have the right to withhold. 

Article 434-15-2 - Code pénal - Légifrance

b. Must police notify my guardian?

When there is an ongoing criminal proceeding against you, the police must inform your parents or legal guardian about every step of the procedure.

(Art. L 12-5 Penal Code for Minors).

c. Must I confess?

You have the right to remain silent during questioning, and testimony, including a confession, may not be obtained by force. 

Se taire est rarement la meilleure façon de se défendre : rappel du sens et de la portée du droit au silence, pour éviter tous malentendus - Pénal | Dalloz Actualité

d. What adults can I ask to be with me?

When there is an ongoing criminal proceeding against you, you have the right to be accompanied by your parent or legal guardian, Art. L12-5 Penal Code for Minors.

Besides that you have the mandatory support of a lawyer, Art. L12-4 Penal Code for Minors.

Chapitre II : Des principes généraux de la procédure pénale applicable aux mineurs (Articles L12-1 à L12-6) - Légifrance

e. Who do police have to contact if I am a legal minor?

When there is an ongoing criminal proceeding against you, the police must inform your parents or legal guardian about every step of the procedure. Art. L 12-5 Penal Code for Minors.

Chapitre II : Des principes généraux de la procédure pénale applicable aux mineurs (Articles L12-1 à L12-6) - Légifrance

9. How do I Contact A Lawyer and When?

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  • You should always contact a lawyer before making any statements to anyone in a criminal case or investigation.
  • This applies even if you are told that (i) police officers only want to question you and/or (ii) you are only a witness.
  • While you do have to wait until you attend court to get a lawyer appointed if you cannot afford your own lawyer, you should still ask for a lawyer as soon as you are questioned or arrested by the police. If you are arrested, you have the right to remain silent and to not speak until your lawyer is present. In addition, you have the right to appoint a lawyer and to consult with him/her without any official being present, although a prosecutor or police officer may designate the date, place and time of the consultation when it is necessary for their investigation (Code of Criminal Procedure Articles 39(1) and 39(3).).

a. What if I am just a witness?

If you are questioned as a witness, you do not have the right to be assisted by a lawyer during your questioning. You do have the right to consult an attorney before and after your questioning. 

Qu'est-ce qu'une audition libre ? | Service-Public.fr

b. When do you contact a lawyer?

You may ask to contact an attorney when you are detained or when the police inform you they would like to question you as a suspect or a person of interest. 

Qu'est-ce qu'une audition libre ? | Service-Public.fr

Garde à vue | Service-Public.fr

10. Do Police Always Have To Tell The Truth?

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  • No. Although a confession obtained through a lie by police may not be admissible as evidence at trial pursuant to certain court precedents, the police may lie to you during the course of an investigation, including lying about the strength of the case they have against you and particular evidence they have in their possession.
  • Sometimes police will lie to try and get you to talk more.

a. Can the police lie to me?

Yes, Police or Gendarmerie may be "untruthful". This has not been deemed a disporportional or illegal investigation method.

Article 39-3 - Code de procédure pénale - Légifrance

b. Do I have to tell the police the truth?

Lying under oath to a police officer is a crime

However, you have the right to remain silent, and the law is unclear about whether, when questioned as a suspect by the police (which always occurs under oath), you have the right to lie. 

Le droit de se taire et le droit de mentir - La GBD

Article 434-13 - Code pénal - Légifrance

11. How do I make a complaint if I have questions or feel my rights have been violated?

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REMEDIES:

If you feel your rights were violated in France, you can file a complaint with the relevant authorities or organizations. Here are the key steps to take:

  1. Contact the IGPN (Inspection Générale de la Police Nationale): The IGPN is responsible for investigating complaints related to the actions of the national police. You can file a complaint online through their website (https://www.signalement-igpn.fsi.interieur.gouv.fr/) or by mail.
  2. Contact the IGGN (Inspection Générale de la Gendarmerie Nationale): If the issues involve the national gendarmerie rather than the national police, you can contact the IGGN. They have an online form for filing complaints (https://www.gendarmerie.interieur.gouv.fr/contact/reclamation-aupres-de-l-inspection-generale-de-la-gendarmerie-nationale-iggn).
  3. Consult with an Attorney: It's advisable to consult with an attorney to get legal advice on how to proceed with your complaint. An attorney can help you navigate the French legal system and represent you, if necessary.
  4. Judicial Procedures: If the violation of your rights has resulted in serious consequences, you may consider filing a complaint in a court of law. The specific legal course of action will depend on the nature of the violation and the advice of your attorney.

Porter plainte contre la police ou la gendarmerie : le guide

Litige avec les forces de l'ordre ou un organisme privé chargé de la sécurité | Service-Public.fr

12. What if I feel I was a victim of discrimination or racism?

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REMEDIES:

If you believe you were a victim of discrimination or racism in France, you can take several steps to address the situation and seek justice:

  1. Report the Incident to the Police: If the incident involved criminal behavior, such as a hate crime or a physical attack, you should report it to the police. Provide as much detail and evidence as possible to support your case.
  2. Contact an Anti-Discrimination Organization: In France, there are organizations that specialize in addressing discrimination and racism issues. Notably, you can contact the Défenseur des droits, an independent authority dedicated to human rights and anti-discrimination. They can offer guidance and support in your case.
  3. File a Complaint: You can file a formal complaint with the authorities. If the incident involves a criminal offense, the police will investigate it. If it's related to employment, housing, or public services, you can file a complaint with the Défenseur des droits or take legal action, depending on the nature of the discrimination.
  4. Consult with an Attorney: It's often advisable to consult with an attorney who specializes in discrimination cases. They can provide you with legal guidance, represent you, and help you navigate the legal process.
  5. Document the Incident: Maintain a record of the incident, including any evidence such as photos, videos, or witness statements, which can be crucial in supporting your case.
  6. Contact Support and Advocacy Groups: Reach out to support and advocacy groups dedicated to addressing discrimination and racism. They can provide emotional support and guidance on how to proceed.
  7. Know Your Rights: Familiarize yourself with your rights under French anti-discrimination laws. France has strong legal protections against discrimination and racism, and it's important to be aware of your rights.
  8. Raise Awareness: Consider sharing your experience with appropriate organizations, the media, or on social media to raise awareness about discrimination and racism.

Remember that seeking justice for discrimination or racism can be a complex and sometimes lengthy process. Consulting with an attorney and contacting the relevant organizations can be crucial in effectively addressing these issues.

Victime ou témoin, agissez ! - Licra - Antiraciste depuis 1927

Porter plainte contre la police ou la gendarmerie : le guide

Litige avec les forces de l'ordre ou un organisme privé chargé de la sécurité | Service-Public.fr

13. How can I respond to circumstances involving discrimination?

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REMEDIES:

Quel est le rôle du Défenseur des droits auprès des enfants ? | Service-Public.fr In France, you can respond to circumstances involving discrimination in several ways. Here are steps you can take to address discrimination:

  1. Documentation: Keep records of the discriminatory incidents, including dates, times, locations, descriptions of what happened, and any witnesses. Documenting the incidents can be essential when addressing discrimination.
  2. Speak Up: If you feel safe doing so, address the issue directly with the individuals involved or with the organization responsible for the discrimination. Express your concerns and request that they rectify the situation.
  3. Contact Anti-Discrimination Organizations: Reach out to anti-discrimination organizations, such as the Défenseur des droits [https://www.defenseurdesdroits.fr/], which is an independent authority dedicated to human rights and anti-discrimination in France. They can provide guidance, support, and advice on how to proceed.
  4. File a Complaint: Depending on the nature of the discrimination, you may need to file a formal complaint. If it's a criminal offense, contact the police. For discrimination related to employment, housing, or public services, you can file a complaint with the Défenseur des droits [https://www.defenseurdesdroits.fr/].
  5. Consult with an Attorney: If you're considering legal action, consult with an attorney who specializes in discrimination cases. They can provide legal advice, represent you, and help navigate the legal process.
  6. Raise Awareness: Consider sharing your experience through social media, public awareness campaigns, or engaging with advocacy groups to raise awareness about discrimination. This can help shine a light on the issue and foster support for change.
  7. Educate Yourself and Others: Understanding the laws and regulations regarding discrimination in France can be empowering. Educate yourself about your rights, and consider sharing this information with others to help combat discrimination.
  8. Support Networks: Seek support from friends, family, or support networks that can provide emotional support during this challenging time.
  9. Know Your Rights: Familiarize yourself with the laws and protections against discrimination in France. Understanding your rights is essential when addressing discriminatory situations.

Remember that responding to discrimination can be a complex process, and the most appropriate actions may vary depending on the specific circumstances. Seek professional advice and support, and consider the available resources and organizations that specialize in anti-discrimination efforts in France.

Porter plainte contre la police ou la gendarmerie : le guide

Litige avec les forces de l'ordre ou un organisme privé chargé de la sécurité | Service-Public.fr

Victime ou témoin, agissez ! - Licra - Antiraciste depuis 1927

14. What can you do if the police perform an improper search? Or I was improperly detained?

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REMEDIES:

Quel est le rôle du Défenseur des droits auprès des enfants ? | Service-Public.fr If you believe that the police have performed an improper search or you were improperly detained in France, here are some steps you can take to address the situation:

  1. Remain Calm and Cooperative: Stay calm and be respectful during your interaction with the police. Comply with their instructions unless you believe it would put your safety at risk or worsen the situation.
  2. Invoke Your Rights: Clearly and politely assert your rights. You can say, "I choose to remain silent" or "I want a lawyer." You have the right to remain silent and the right to legal counsel.
  3. Document the Incident: If it's safe to do so, document the incident by taking notes, photographs, videos, or recording audio. Collect the names and badge numbers of the officers involved. Witnesses can be valuable if available.
  4. File a Complaint: If you believe the search or detention was improper or violated your rights, you can file a complaint with the appropriate authorities. In France, you can contact the IGPN (Inspection Générale de la Police Nationale) for complaints related to the national police or the IGGN (Inspection Générale de la Gendarmerie Nationale) for complaints related to the national gendarmerie.
  5. Consult with an Attorney: Seek legal counsel to discuss your situation and explore your legal options. An attorney can provide guidance, represent you, and help you navigate the legal process.
  6. Contact Human Rights Organizations: Reach out to human rights organizations and advocacy groups for support and guidance in addressing potential rights violations.
  7. Use Legal Remedies: If you believe your rights were violated and want to seek a legal remedy, your attorney can help you initiate legal proceedings to challenge the search or detention.

It's essential to remember that laws and procedures can vary, and each situation may be unique. Consulting with a legal professional is advisable to get advice specific to your circumstances.

Porter plainte contre la police ou la gendarmerie : le guide

Litige avec les forces de l'ordre ou un organisme privé chargé de la sécurité | Service-Public.fr