Can a summons by the police or gendarmerie be refused?

Verified 28 July 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

No, you can't refuse it. If you receive a summons from the police or gendarmerie, you must go there.

You may be called for the following reasons:

  • Testify on facts you may have witnessed
  • Testify and to give information about an individual in an ongoing criminal investigation
  • Being heard as a suspect (also called defendant or challenged) for a infringement that you would have committed
  • To be heard as a suspect following a complaint filed against you
  • Give you court documents (summons before a criminal judge, notification of a criminal judgment)

You can be summoned by post sent or delivered by hand or by telephone.

The place, date and time of the meeting are indicated to you.

Hearings are most often held at police station or to the gendarmerie brigade.

In case of impedimentHowever, you must notify the police or gendarmerie services who may postpone the summons. They have no obligation to grant a deferral.

FYI  

if the hearing concerns a minor, its legal representatives (parents, guardian) should be notified.

The summons makes it possible to question a person. The witness is merely being heard. The suspect (defendant or accused) is in open hearing or police custody. The effects are not the same.

Hearing of witness

If you are heard as witness in the course of an investigation, you cannot be assisted by a lawyer.

If you do not attend the summons, you may be forced to do so by the police or gendarmerie.

The police or gendarmerie can pick you up from your home between 6 am and 9 pm. They can't enter your house without your permission.

You may leave the police or gendarmerie premises at any time.

However, for the purposes of the survey, you may be held in these premises for a maximum of 4 hours.

The statements you make during the hearing are recorded in minutes that you are asked to review and sign. It has to be consistent with your statements. If you refuse to sign it, it must be noted.

Free hearing of suspect

If you are suspect in an investigation, you can be heard in open hearing.

If you are charged for a infringement punishable by imprisonment, you may be assisted by a lawyer.

Before being heard, you must be informed of the nature, date and location of the alleged offense. You must also be informed of your rights, including the right to leave the premises at any time or to remain silent.

If you do not attend the summons, you may be forced to do so by the police or gendarmerie.

The police or gendarmerie can pick you up from your home between 6 am and 9 pm. They can't enter your house without your permission.

The statements you make during the hearing are recorded in minutes that you are asked to read and sign. It has to be consistent with your statements. If you refuse to sign it, it must be noted.

Custody

You can be placed in police custody if you are suspected of having committed a infringement.

Police custody may be decided during a open hearing depending on the elements of the investigation.

You must immediately be informed of the detention, the reason for it, the offense, the alleged date and place of the offense.

You must also be informed of your rights, including the right to be assisted by a lawyer, be examined by a doctor, etc.

FYI  

the length of the hearing is taken into account in the calculation of the period of police custody.

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