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The truth is what each of us has to tell the police.
13/06/2016
On June 13, 40 police officers with machine guns came to the hotel where VOB lives, broke into the rooms, copied the documents, took pictures of everyone.
How to behave in such a situation in the comments of the leading lawyer of the European legal service Rail Gizyatov:
If the French police require verification of identity documents and the right to stay in France, this requirement must be met. In any case, do not resist law enforcement officers, as this may entail negative consequences.
If you still believe that the actions of the French police officers violated Your rights or behaved tactlessly, you can file a complaint with the General Inspectorate of the national police (IGPN) or the French Prosecutor's Office.
If threatened with deportation, it is necessary to require the call of a representative of the Consulate of the Russian Federation and an interpreter.
At the time of EURO 2016, the Company has allocated a specially-authorized lawyer-representative, who is located in France and performs immediate intervention in emergency situations!
Below-the legal basis for the proposed action option is considered in detail:
According to article. L611-1-1 of the Code of entry and stay of foreigners and asylum.
I.-If during the inspection carried out in accordance with article L. 611-1 of this Code, articles 78-1, 78-2, 78-2-1 and 78-2-2 of the code of Criminal procedure ... if it is established that a foreigner cannot prove his right to enter or stay in France, he may be taken to the local police or gendarmerie and held there by a police, national police or gendarmerie officer to verify their right to stay and reside in France.
If the alien does not provide sufficient information to assess his right of stay and choice of residence, a check may be brought, after informing the Prosecutor, to take fingerprints or photographs, when this is the only way to establish the position of the person.
In accordance with article L611-1 Of the code of entry and stay of foreigners and asylum
I.-for verification of identity, citizens of foreign nationality must be able to submit documents according to which they are allowed to travel or stay in France at the request of police officers and under the order and supervision of persons, bailiffs and assistant police officer referred to in articles 20 and 21 (1) of the code of criminal procedure.
After verification of identity is carried out in accordance with articles 78-1, 78-2, 78-2-1 and 78-2-2 of the code of Criminal procedure, a person of foreign nationality may also be required to submit the material described in the previous paragraph.
II. - Restrictions related to the provision for verification of the content of evidence and documents referred to in the first paragraph I can only be performed for a period not exceeding six consecutive hours in one place and may not consist in the systematic monitoring of those present or taking place in that place.
On the basis of article 78-1 of the Criminal procedure code...
Any person in the country must agree to an identity check carried out in accordance with the law and the powers of the police authorities in the following articles.
According to article 78-2 of the said code, police officers and assistant police officers referred to in articles 20 and 21-1 may propose to verify, by any means, the identity cards of any person against whom there are one or more reasons to suspect: that he has committed or attempted to commit a crime; he is preparing to commit a crime or an administrative offence; he may provide information useful for investigation in the case of a crime or offence;
The identity of any person, regardless of his conduct, may also be certified, as provided in the first paragraph, to prevent the violation of public policy, in particular the safety of persons or property.
How to behave in such a situation in the comments of the leading lawyer of the European legal service Rail Gizyatov:
If the French police require verification of identity documents and the right to stay in France, this requirement must be met. In any case, do not resist law enforcement officers, as this may entail negative consequences.
If you still believe that the actions of the French police officers violated Your rights or behaved tactlessly, you can file a complaint with the General Inspectorate of the national police (IGPN) or the French Prosecutor's Office.
If threatened with deportation, it is necessary to require the call of a representative of the Consulate of the Russian Federation and an interpreter.
At the time of EURO 2016, the Company has allocated a specially-authorized lawyer-representative, who is located in France and performs immediate intervention in emergency situations!
Below-the legal basis for the proposed action option is considered in detail:
According to article. L611-1-1 of the Code of entry and stay of foreigners and asylum.
I.-If during the inspection carried out in accordance with article L. 611-1 of this Code, articles 78-1, 78-2, 78-2-1 and 78-2-2 of the code of Criminal procedure ... if it is established that a foreigner cannot prove his right to enter or stay in France, he may be taken to the local police or gendarmerie and held there by a police, national police or gendarmerie officer to verify their right to stay and reside in France.
If the alien does not provide sufficient information to assess his right of stay and choice of residence, a check may be brought, after informing the Prosecutor, to take fingerprints or photographs, when this is the only way to establish the position of the person.
In accordance with article L611-1 Of the code of entry and stay of foreigners and asylum
I.-for verification of identity, citizens of foreign nationality must be able to submit documents according to which they are allowed to travel or stay in France at the request of police officers and under the order and supervision of persons, bailiffs and assistant police officer referred to in articles 20 and 21 (1) of the code of criminal procedure.
After verification of identity is carried out in accordance with articles 78-1, 78-2, 78-2-1 and 78-2-2 of the code of Criminal procedure, a person of foreign nationality may also be required to submit the material described in the previous paragraph.
II. - Restrictions related to the provision for verification of the content of evidence and documents referred to in the first paragraph I can only be performed for a period not exceeding six consecutive hours in one place and may not consist in the systematic monitoring of those present or taking place in that place.
On the basis of article 78-1 of the Criminal procedure code...
Any person in the country must agree to an identity check carried out in accordance with the law and the powers of the police authorities in the following articles.
According to article 78-2 of the said code, police officers and assistant police officers referred to in articles 20 and 21-1 may propose to verify, by any means, the identity cards of any person against whom there are one or more reasons to suspect: that he has committed or attempted to commit a crime; he is preparing to commit a crime or an administrative offence; he may provide information useful for investigation in the case of a crime or offence;
The identity of any person, regardless of his conduct, may also be certified, as provided in the first paragraph, to prevent the violation of public policy, in particular the safety of persons or property.