Police Custody: Time of Notification of the Public Prosecutor
Must the time of notification to the public prosecutor of an individual's placement in police custody be recorded in the report?
In a judgment of 6 March 2024, the Criminal Division of the Court of Cassation reaffirmed that the investigator placing a person in police custody is required to notify the public prosecutor at the outset of the measure.
Such notification must not be delayed, save in the event of insurmountable circumstances. Failing this, the measure of police custody is null and void.
The report documenting the placement in custody must therefore specify the exact time at which the public prosecutor was informed.
Crim., 6 March 2024, No. 22-80.895