SHARE
COPY LINK
For members

POLICE

EXPLAINED: What are your legal rights as a foreigner in France?

The French Constitution offers broad legal protection to anyone in France from the right to trial to the right to legal advice, but there are some scenarios specific to foreigners in France.

What are my rights if I am arrested or imprisoned?

If you are arrested you have the same rights as a French citizen to legal advice, phone calls, bail and a full trial – full details HERE.

There are some extra things to be aware of however;

Once arrested you have the right to an interpreter during police interviews.

You have the right to call your Embassy, although the help the Embassy can offer you is much more limited than many people think.

If you are released while awaiting a court hearing you will usually have to hand over your passport and undertake not to leave the country. If you are not a French resident, the judge can assign you a residency address in France.

If you are found guilty and imprisoned in France you maintain several rights, such as the right to vote (if you have French citizenship). France’s interior ministry has a handout detailing these rights, HERE

Can I appeal against my sentence?

Yes, you have the right to appeal a court’s decision.

Keep in mind that this can be a lengthy process with very specific deadlines – and it can go either way, so you risk a sentence being increased.

If you are acquitted in court,  French law also allows for the prosecution to appeal against your acquittal.

I am the victim of a crime, what are my rights?

In France, the role of the state and the prosecutor is to protect the peace, this means that if someone commits a crime against you, it is up to the state to decide whether to move forward with criminal proceedings.

It’s not up to the victim to decide whether or not to press charges.

Conversely, if the state chooses not to go ahead with criminal proceedings, but you (the victim) want them to press charges, you have the right to appeal against their decision to drop the case.

Can I be expelled from France for committing a crime?

Yes, although this is generally reserved for people who have committed serious crimes such as violent crime, drug-trafficking or terror offences.

If you have been jailed for a serious crime in France you can be served with an ‘interdiction du territoire français‘ – a ban from French soil – on your release. These are reserved for the most serious offences and simply being incarcerated does not necessarily lead to expulsion.

If you are a full-time resident in France but not a French citizen, then being convicted of a crime can mean that your visa or residency card will not be renewed. This is again usually reserved for people who have committed very serious crimes, but in certain circumstances residency can be withdrawn for less serious offences such as driving offences or begging. 

READ ALSO What offences can lose you the right to live in France?

If you have French citizenship it’s virtually impossible for your to be expelled from France although in some rare cases – usually connected to terrorism – citizenship of dual nationals can be revoked.

What are the rules for minors?

Minors in the French legal system have some specific rights. The EU has laid out the specific rights of minors, which apply in France as well, and apply from the time of arrest.

  • Right to be be quickly informed of legal rights, and to be assisted by your parents (or other appropriate persons)
  • Right to be assisted by a lawyer
  • No prison sentence should be imposed on a minor if they have not been assisted by a lawyer during the court hearings. All measures should be exhausted to avoid a child being imprisoned.
  • Right to be detained separately from adults if sent to prison.
  • Children should not be required “to reimburse the costs of certain procedural measures, for example, for individual assessment, medical examination, or audio-visual recording of interviews.”
  • A child’s privacy should be respected and “questioning will be audio-visually recorded or recorded in another appropriate manner.”
  • Repeatedly questioning children should be avoided.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

ANIMAL WELFARE

How to adopt a pet from a French animal shelter

Around 300,000 pets are abandoned every year in France, many of them during the summer months. So if you're looking for a pet there are many lovely cats and dogs in shelters looking for a good home - here's how to go about it.

How to adopt a pet from a French animal shelter

Where to look

French animal welfare charity the Société Protectrice des Animaux (SPA) is an excellent place to start – it currently lists nearly 4,500 animals available for adoption. 

But there are lots of other smaller, local organisations – it may be worthwhile dropping in to see a local vet as they will generally know of local groups seeking homes for abandoned pets.

There will be paperwork

First-time buyers of cats or dogs have to sign a ‘certificate of commitment and understanding’ before they will be allowed to buy an animal, and the same applies to those looking to adopt. 

After the signed document is delivered to the authorities, future owners have seven days to change their mind – the idea is to prevent people from ‘impulsively’ buying or adopting pets only to abandon them later. 

The SPA, certainly, demands that would-be adopters are of legal age and are willing to take part in a “responsible adoption process”.

These things take time – as you should expect for a commitment that can last more than a decade. As the SPA website says, it seeks to ensure “that each decision is carefully considered and that the adopted animal matches its new family and way of life”.

The process may include home visits, interviews and discussions to help adopters find the animal to which they are best suited – older people may not cope well with an energetic puppy, for example.

READ ALSO What you need to know about owning a dog in France

Shelter animals

Some welfare organisations ensure their animals spend some time with ‘foster families’ until they are adopted. This means that the organisation has a pretty good idea how that animal is likely to behave when it gets to its new adopted home.

It is more difficult to judge an animal’s character if it has been kept in a pen in a shelter.

It will cost money

A financial contribution will most likely be requested by the organisation from which you are adopting. The sum will depend on the age and type of animal being adopted. 

The SPA, for example, asks for a donation to cover vets’ fees of between €250 and €300 for a dog, depending on its age, and €150 for a cat or a kitten.

Another well-known animal welfare organisation in France, Les Amis des Animaux, has a slightly different scale of fees covering the cost of chipping, vaccinations – including rabies/passport in mature animals, sterilisation, worming, et cetera. 

READ ALSO What you need to know about microchipping your pet in France

What else you need to know

Under French law, pet dogs – and cats and ferrets – over a certain age must be identified and registered on a national database. 

The animal must be identifiable by a tattoo or microchip – the latter is the most common method these days – that is registered on the Identification des carnivores domestiques (I-CAD) database

The procedure to insert the microchip, or ink the tattoo, must be carried out by an approved professional. The procedure should be done by a vet and costs between €40 and €70, the shelter will tell you whether your new pet already has a microchip or not.

You might not believe it if you have walked along certain streets in Paris, but you can be fined if you fail to pick up after your pet. 

The standard fine is €68, but the mayors of some towns have imposed stricter rules in the street, in parks, gardens and other public spaces. 

The French government’s Service Public website lists other rules regarding the health and wellbeing of pets. Read it here.

SHOW COMMENTS