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180 of August 6th, 2003 page 13838
Decrees, closures, circulars
 General texts
Ministry of , the internal security and local freedoms
 
Decree 8603 753 of the bearing August 1st, 2003
code of conduct of the police officers municipal

 NOR:

 
The ,

On the report of the minister of , local internal security and freedoms,
 Considering the code of the communes, in particular its items L 411 42, L 412 18 and L 411 41;
Considering the general code of the autonomous regions, in particular its items L 2012 5 and L 1202 8;
Considering the , in particular its articles 122-4, 122-5 and 223-6;
Considering the criminal procedure code, in particular the 2° of 21 and articles 21-2, 73 and 78-6;
Considering the , in particular its items L. 234-3 and L. 234-4;
Considering the law 47 534 of the bearing amended July 13rd, 1983 rights and obligation of the officials;
Considering the law 84-53 of the bearing amended January 26th, 1984 statutory provisions relating to the territorial public function;
Considering the law 2000 894 of the bearing June 6th, 2000 creation dune National ethics commission of the security;
Considering the decree 91 532 of August 24th, 1994 amended bearing particular status of the framework of the police officers municipal;
Considering the decree 2080 43 of January 20th, 2000 amended bearing particular status of the framework of the departmental managers of municipal police;
Considering washing of the advisory commission of the municipal police dated April 26th, 2002;
Considering washing of the Superior council of the territorial public function dated October 16th, 2002;
The Council (section of ) understood,

Issue:

 TITRATE PRELIMINARY

Article 1

This code of practice with of the police officers municipal and the department heads of municipal police.

Article 2

Any breach of duty defined by this code exposes its author to a disciplinary action, without prejudice, if necessary, of the sorrows provided for by the criminal law.

Article 3

The municipal their missions in the respect of the Statement of the rights of and the citizen, the Constitution, international conventions and the laws.

Article 4

The municipal police is opened with any French citizen satisfying the conditions fixed by the laws and regulations.

Article 5

Subject to the rules posed by the criminal procedure code with regard to their missions of judicial police, the police officers municipal, their missions of administrative font, are placed under hierarchical of the mayor of the commune which employs them or of which they are placed at the disposal.

TITRATE

GENERAL DUTIES OF THE POLICE OFFICERS MUNICIPAL

Article 6

of municipal police is just, impartial and honest towards the republican institutions. It does not separate its dignity in any circumstance.

It is placed at the service of the public and behaves in an exemplary way towards the aforementioned.

It has the absolute respect of the people, whatever their nationality or their origin, their social condition or their convictions political, religious or philosophical.

Article 7

of municipal police is held, within the limit of its attributions, the tasks falling within the competence of the mayor that the aforementioned entrusts to him prevention monitoring of the good command, peace, the security and the public health.

Article 8

is authorized, under the conditions provided for by the law, to use the force and, if necessary, to make use of its lawful weapons, of municipal police cannot make use state of self-defense of it and provided the means of defense employed are proportioned with the seriousness of to the people or the goods.

Article 9

When of municipal police notes of the contraveners to draw up the reports concerning the infringments which the law and the regulations to charge, and which the contravener refuses, or is in to justify of his identity, it must report some immediately to any judiciary police officer of the national police force or the national police qualified.

If of judicial police of the national police force or the national police qualified orders to him to introduce the contravener at once to him, it must lead without delay, while using if necessary of the stress strictly necessary and proportioned for this purpose. In the absence of this command, of municipal police cannot retain the contravener.

Article 10

When of municipal police proceeds to proofs of tracking of alcoholic by expired and that, either the contravener refuses to undergo them, or the result of these proofs allows to suppose alcoholic state, it must report some immediately to any judiciary police officer of the national police force or the national police qualified.

If of judicial police of the national police force or the national police qualified orders to him to introduce the contravener at once to him, it must lead without delay, while using if necessary of the stress strictly necessary and proportioned for this purpose. In the absence of this command, of municipal police cannot retain the contravener.

Article 11

In the event of obvious crime or of offense, of municipal police must lead without delay of it in front of of judicial police of the national police force or the national police qualified.

Article 12

of municipal police is held, even not in service, of its own initiative to carry assistance to any person in danger.

Article 13

Any person placed at the provision municipal is under the responsibility and the protection of the aforementioned. To in no case, it should not undergo its share or on behalf of third party of violences or the inhuman treatments or degrading.

of municipal police which would be pilot prohibited by this item engages its disciplinary and penal responsibility nothing to make them cease or neglects to make available them of qualified .

If the person placed at the provision municipal requires care, this agent calls upon medical staff and, if necessary, takes measures to protect the life and health from this person.

Article 14

The municipal can within the limits freely resulting from of reserve to which they are held and of the rules relating to the respect of discretion and the professional secrecy.

Article 15

It is interdict with the municipal to prevail itself of this quality to carry out near private individuals, , or of society, the collections or the steps in sight, in particular, to collect funds or gifts.

It is to them also interdict to elect any intermediate for this purpose.

It is to them finally interdict to cumulate their activity of municipal police with another community activity, except in the cases of derogations defined by the regulation relating to the office pluralities of retreats, remunerations and functions applicable to the public agents.

CONTAIN II

RIGHTS AND RESPECTIVE DUTIES OF THE POLICE OFFICERS MUNICIPAL AND THE AUTHORITIES OF COMMAND

Article 16

The mayor defends the municipal against the threats, violences, the channels in fact, the torts, defamations or insults of which they are victims in or with of their functions.

Article 17

The municipal ensuring of the functions make the necessary decisions and make them implement; they translate them by commands which must be precise and matched explanations allowing their good execution.

They are responsible for the commands give, their execution and their consequences.

Article 18

The municipal must carry out honestly the commands which are given to them by the mayor of the commune or, if necessary, by the police officers municipal which frame them.

The municipal have the duty to report to the mayor, or, if necessary, with the police officers municipal charged with their managing staff, of the missions received or, possibly, of the reasons which made their execution impossible.

Article 19

of municipal police is held to conform to the instructions of the mayor and, if necessary, the police officers municipal charged with its managing staff, except if given is obviously lawful and likely to compromise an public interest seriously.

Any refusal a command which would not correspond to the conditions fixed at preceding engages the responsibility for of municipal police.

If a municipal believes to be in presence obviously lawful command and likely to compromise an public interest seriously, it has the duty to announce its objection to the mayor, and, if necessary, with of municipal police which , by indicating the lawful significance expressly attaches to litigious . It must be taken act of its opposition. If is maintained, it must be written.

The fact an obviously lawful command of the mayor and, if necessary, police officer municipal charged with its managing staff, cannot withdraw of municipal police to its personal liabilities.

CONTAIN III

CONTROL OF THE MUNICIPAL POLICE

Article 20

In the event of checking of and operation police service municipal provided for by the provisions of the general code of the territorial collectivities, the police officers municipal have to lend the contest which is required of them.

They are held with the same obligation in the event of checks carried out at the request of the National ethics commission of the security.

Article 21

For of 20 of this decree with Saint-Pierre-and-Miquelon, words: “the provisions of the general code of the territorial collectivities” are replaced by the words: “legislative measures and lawful relating to the communal regime of Saint-Pierre-and-Miquelon”.

Article 22

The mayor takes the necessary measures so that this code of conduct of the police officers municipal is made available of each one them.

Article 23

The minister of , with the internal security and local freedoms, it Minister of Justice, Minister for justice, the Minister for the civil service, the reform of and of the territory and the minister of otter-sea are charged, each one in what relates to it, of of this decree, which will be published in the Journal officiel de la R3epublique fran1caise.

Fact in Paris, on August 1st, 2003.

Jean-Pierre Raffarin

By the :
The Minister for , the internal security and local freedoms,
Nicolas Sarkozy

Minister of Justice, Minister for justice, Dominique Perben 

reform of and of the territory, Jean-Paul Delevoye

The minister of otter-sea, Brigitte Girardin