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Controls, checks and noted of identity

Articles 78-1, 78-2, 78-2-1, 78-3, 78-4, 78-5 and 78-6 of the Criminal procedure code

Article 78-1.
The implementation of the rules provided for by this chapter is forwarded to the control of the legal authorities mentioned to articles 12 and 13.
Any person being on the national territory must agree to lend herself to an identity check carried out under the conditions and by the authorities of fonts aimed to the following items.

Article 78-2.
The judiciary police officers and, on the command and under the responsibility of those, the agents of legal and assistant police officers legal mentioned in articles 20 and 21-1° can invite to justify, by any means, of its identity any person with regard to whom there exists an index making suppose:

- that it made or tried to commit an offense;
- or that it prepares to commit a crime or offense;
- or that it is likely to provide information useful for the survey in the event of crime or offenses;
- or that it is the subject of search ordered by an legal authority.
On written requisitions of the public prosecutor for purposes of search and continuation for infringement which it specifies, the identity of any person can also be controlled, according to the same procedures, in the places and for one period of time determined by this magistrate. The fact that the reveals infringements other than those aimed in the requisitions of the public prosecutor does not constitute a cause of nullity of the incidental procedures.

The identity of any person, whatever her behavior, can also be controlled, according to the procedures provided for with the first subparagraph, to prevent an attack with the law and order, in particular related to the security of the people or goods.
In an area ranging between the land borders of France with the states left with the signed Convention with on June 19th, 1990 and a line traced with ilometers in on this side like in the areas accessible to the public from ports, airports and railway stations or road opened with the international traffic and indicated by closure the identity of any person can also be controlled, according to the procedures provided for with the first subparagraph, with a view check the respect of the obligations of detention, port and presentation of the bonds and documents provided for by the law. The fact that control reveals an infringement other than that of non-observance of the obligations referred to above does not constitute a cause of nullity of the incidental procedures.

In an area ranging between the land borders or the littoral of the department of Guyana and a line traced with twenty kilometers in-on this side the identity of any person can be controlled, according to the procedures provided for with the first subparagraph, with a view check the respect of the obligations of detention, port and presentation of the bonds and documents provided for by the law.

Article 78-2-1.
On requisitions of the Public prosecutor, the judiciary police officers and, on the command or the responsibility for those, the police officers legal and assistant police officers legal mentioned in articles 20 and 21 (1°) are entitled to return in the places of professional use, like in their appendices and dependences, except if they constitute a residence, where are in the course of the activities of construction, production, transformation, repair, performance of service or marketing, in sight:

- to make sure that these activities gave place to the registration with the Index of the Trades or the Trade register and of Society when it is obligatory, like with the statements required by the organisms of social protection and the tax authority; 
- to be made forward the single register of the personnel and the documents attesting that the statements preliminary at the time of recruitment were carried out; 
- to control the personal identity occupied, with the only purpose of checking that they are reproduced on the register or that they were the subject of the statements mentioned with the preceding subparagraph. 

The requisitions of the Public prosecutor are written and specify the infringements, among those aimed to the items and of the labor regulation, which he intends to make seek and continue, as well as the places in which the check operation will proceed. These requisitions are taken for one duration maximum one month and are forwarded to the person having the places or that who represents it.
The measurements taken pursuant to the provisions provided for with the present item are the official report purpose given to the interested party.

Article 78-3.
If the interested party refuses or is unable himself to justify of his identity, it can, in the event of need, being retained on the spot or in the room of font where it is led for purposes of checking of his identity. In all the cases, it is forwarded immediately to an judiciary police officer who puts it able to provide by any means the elements allowing to prove his identity and which proceeds, if it is necessary, to the operations of checks necessary. It is informed at once by the aforementioned of its right to make warn the public prosecutor of the checking whose it is the object and constantly to warn its family or any person of her choice. So circumstances require it, the judiciary police officer prevents itself the family or the selected person.

When it is about a eighteen year old miner, the public prosecutor must be informed at the beginning of the retention. Except impossibility, the miner must be assisted of his legal representative. 
The person who is the subject of a checking can be retained only during the time strictly required by the establishment of her identity. The retention cannot exceed hours as from the control carried out pursuant to article 78-2 and the public prosecutor can put an end to it constantly.

If the challenged person maintains her refusal to justify of her identity or provides obviously inaccurate elements of identity, the operations of checks can give place, after authorization of the examining magistrate or public prosecutor, with the capture of digital fingerprints or photographs when the aforementioned constitutes the single means of proving the identity of the interested party.
The capture of prints or photographs must be mentioned and especially justified in the official report provided for hereafter.

The judiciary police officer mentions, in an official report, the reasons which justify control as well as the identity check, and the conditions under which the person was introduced in front of him, informed of her rights and setting able to exert them. He specifies the day and the hour from which control was carried out, the day and the hour of the end of the retention and duration of the aforementioned.
This official report is forwarded to the signature of the interested party. If this last refuses to sign it, mention is made refusal and reasons for the aforementioned.

The official report is transmitted to the public prosecutor, copies while having been given to interested in the case provided for in the following subparagraph.
If it is not followed with regard to the person who was retained of no procedure of survey or execution addressed to the legal authority, the identity check can give place to a setting in memory on files and the official report as all the parts referring to the checking are destroyed within six month under the control of the public prosecutor.

If it is necessary with procedure of survey or execution addressed to the legal authority and matched hold as a police custody, the person selected must be informed at once of her right to make warn the public prosecutor of the measurement whose it is the object.
The regulations enumerated with the present item are hardly imposed nullity.

Article 78-4.
The duration of the retention provided for by the preceding item, is charged, if it is necessary, to that of the police custody.

Article 78-5.
Will be punished of a three months imprisonment and a fine of 24 026 F those which will have refused to lend themselves to the captures fingerprints or photographs authorized by the public prosecutor or the examining magistrate, in accordance with the provisions of article 78-3.

Article 78-6.
The mentioned with the 2° of article 21 are entitled to note the identity of the contraveners to draw up the reports relating to of the infringments to the closures of font of the mayor, of the infringments to the motor vehicle laws that the law and the regulations authorize them to charge or of the infringments which they can note under the terms of a legislative measure .

If the contravener refuses or is unable himself to justify of his identity, the police officer municipal reports from there immediately to any judiciary police officer of the national police force or the national police qualified, which can then order to him without delay to at once introduce the contravener to him. In the absence of this command, the police officer municipal cannot retain the contravener. When the judiciary police officer decides to carry out an identity check, under the conditions provided for in article 78-3, the time provided for with the third subparagraph of this item runs as from the recording of identity.