The French Police, or Gendarmerie
If you have a problem, emergency, or want to report a crime and need to contact the police, or if indeed they have contacted you and you need to find out what it was all about, make or attend an appointment, I can help.
If you want to report a crime or have any sort of complaint, you can discuss this with the gendarmerie and they may agree to make a note of it, but they are unlikely to formally act on it unless you ‘poser plainte’ , ie make a formal complaint. If you do this they will normally need your name, address etc and that of the person you are making the complaint about, if you know it. note that you cannot 'poser plainte' unless an offence has been committed.
If you are reporting a break-in, make sure you don’t touch anything more than necessary so that fingerprints and DNA samples can be taken. The gendarmes usually arrive quite quickly in my experience, but are then, unsurprisingly, not happy if they do this and then discover that you have destroyed what could have been valuable evidence!
Be aware that if you are interviewed by the police, there is no system similar to ‘being cautioned’ unless you are actually arrested, but what you say will be noted, a formal report of the interview will be prepared, checked by you, and you will be asked to sign it. In my experience the gendarmes are very careful in making this report and it is likely to be an accurate representation of what you have said. Having said that, if there is a possibility that you won’t understand the questions asked or the report produced, I suggest that you don’t agreed to be interviewed unless you have an interpreter present. Unless you have actually been arrested, you can ask to make an appointment at another time. The interpreter doesn’t have to be formally approved or qualified, just someone that you trust and can speak good French. You also need to be aware that the interpreter too will be asked for their details and will have to sign your statement, so make sure in advance that they are willing to do this, and also willing to question any parts of the statement which they believe to be incorrect, if necessary. Be aware that this report can be sent to the Procureur de la République, who decides whether to proceed with a case or not.
In the case being accused of a serious crime and being arrested (garde a vue) , you will be advised (and will have to sign forms to this effect) that you have certain rights. These are:
1. The right to see an avocat. English speaking avocats do exist, but if you there isn't one on duty, you may need an interpreter. Be aware that the avocat can only observe and make sure that correct procedures are followed, they cannot intervene otherwise, or advise you, tell you what or what not to say, or speak on your behalf. In my experience the gendarmes always follow the procedure to the letter and deal with people fairly. I have never known anyone take up the offer of an avocat.
2. The right to contact a member of your family or your employer.
3. The right to be examined by a doctor to confirm that you are fit to be questioned.
You will, if necessary, be asked if you would like an interpreter, who has to agree to remain with you for all the sessions of questioning. The gendarmerie can, and have, used my services in this respect. I hope not to meet you for the first time in these circumstances!
A garde a vue is normally allowed for up to 24 hours and can be extended to up to 48 hours after consultation with the Procureur de la Republique (similar to the Crown Prosecution Service in UK)
Be aware also that if the gendarmes believe you have committed a crime after having interviewed you, they will often call the Procureur to decide how to proceed. They may then decide either to prosecute you or, if it is a first-time or minor offence, you might be asked to agree to see a court officer who will discuss the situation with you and may ultimately give you something similar to a ‘caution’ in the UK. In either case your photograph, fingerprints and DNA will be taken and your details entered onto their computer systems. Be aware that if you are asked to see the court officer and don’t turn up, you will then be asked to attend a court hearing and any standard fine for the offence you have committed will automatically be doubled! You will be asked to sign another document to say that you have been informed of this fact.
If any items are taken as evidence, you will also be asked to sign a form agreeing to the description of the items and to sign labels which will then be sealed into plastic bags for future use as evidence.
In the case of crimes committed by minors (under 18s), there are rules that apply depending on the age of the child. It may be possible for a parent to be with them whilst they are question. A court may decide not to hear the case of a child unless there has been an attempt to mediate between the parties first. The judge may look at the case initially and then appoint a mediator. For serious offences or repeat offenders the case usually goes straight to the relevant court, depending on the age of the child.
If you do have to go to court you will need, or the court will assign you, an avocat. ‘Aide Juridictionelle’, along the lines of legal aid, may be available depending on your financial circumstances.
Please note I have no legal qualifications or experience, but will happily act simply as an interpreter for you. I am currently in the process of applying to be put on the list of expert interpreters, and in the meantime the gendarmerie can requisition me to help if circumstances allow and if I'm available for a possible 48 hour stint!