Yet in France, the notification of silence is mandatory and has a constitutional value. It was abol

With the release of "Gears" series (Monday night on Canal +), viewers are entitled to diving in the French legal system, which changes the American system. Slate decrypts the differences between the two. This week: the rights of a person between his arrest and in custody. fn 5.7
The police are they allowed to do what they want in a survey? This is not really the case, but that is the impression that one can have as we are surprised not to hear some widely repeated phrases in American crime series.
"Police, fn 5.7 open up!" A phrase fn 5.7 that was used to hearing. For example, in Gears, when the team of the PJ will be searched at the henchman of a Kurdish family who finances the PKK through illegal means.
The commission is required for all acts carried out by police officers, except that it can be very vague. "It can be for everything and anything vague or very precise."
For example, the investigating judge may decide to give on commission all necessary means to the police to carry out their investigation: searches, interrogation, confrontation and entries are included in the commission.
Thus, in an episode of New York Judicial Police (Law and Order, Episode 2 Season 4), a homeless is charged with murder after police found the murder weapon fn 5.7 in what serves as his home. On appeal, defense lawyers based on the fact that the investigators did not have the right to inspect the shelter without a warrant.
This is also the Warrant translation by mandate is confusing because in French, a warrant is only a request from the investigating judge. There are search warrants, to appear, to bring, arrest or filing. Apart from the term deposit ordered by the judge of freedoms and detention, they are claimed by the investigating fn 5.7 judge.
It is a violent arrest. With the help of the BAC, a drug dealer suspected of arms trafficking is stopped fn 5.7 in his city, handcuffed and brought to the police station under police custody. Not once, it is said that he has the right to remain silent.
"You have the right to remain silent. Otherwise, anything you say can [be] and will be used against you in court. You have the right to consult a lawyer and to have an attorney present during questioning. "
Yet in France, the notification of silence is mandatory and has a constitutional value. It was abolished in 2003, but was reaffirmed by the Act of 14 April 2011. There was never compelled to speak for a person stopped.
But in fact, we do not see police officers served on the person stopped it right to silence as this notification does not necessarily occur immediately upon arrest. These are the PJ officers who so by the time they explain why the accused is in custody and shall inform him of his rights.
In Gears, Laure Berthaud (Caroline Proust) rattle with the Judge Roban (Philippe Duclos) after counsel fn 5.7 for the Kurdish family attended the interrogation. He intervened in the conversation and she feels it was prevented from carrying out its custody.
The scene illustrates the reform fn 5.7 of custody fn 5.7 established by the law of 14 April 2011. The presence of counsel is mandatory, but it has a role in monitoring and counseling. It verifies that custody is in accordance with the law, and may possibly advise his client before the questioning: but it does not intervene during.
No, he can not scream from his cell, "I am entitled to a phone call," fn 5.7 because if he has the right to prevent his lawyer, a member of his family and his employer, he will not pass calls him -even. A police officer does for him.
During the arrest of the dealer arms dealer, Lieutenant Fromentin (Fred Bianconi) crack and we witness fn 5.7 a beating rules. During the custody of the accused, it is suggested he see a doctor.
The explanation thank Jean Cedras, Associate Professor of Law Schools and former Advocate General at the Court of Cassation, Barbara Villez, network fn 5.7 IRECTOR d Scholar Exchanging and Researching on International Entertainment Series (SERIES) and associate researcher at the Institute of Higher justice studies and laboratory fn 5.7 communication fn 5.7 and CNRS and Christian Mouhanna policy researcher at the Centre for Sociological Research on Law and Penal Institutions (CESDIP) police issues specialist and justice.
Some profanity, nonsense legal and erroneous information I would like to correct
1) no, OPJs do not necessarily need to go through a commission rogatoir