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POLICE

EXPLAINED: What are your legal rights as a foreigner in France?

The French Constitution offers broad legal protection to anyone in France from the right to trial to the right to legal advice, but there are some scenarios specific to foreigners in France.

Published: 21 June 2022 14:13 CEST
Updated: 27 June 2022 13:52 CEST

What are my rights if I am arrested or imprisoned?

If you are arrested you have the same rights as a French citizen to legal advice, phone calls, bail and a full trial – full details HERE.

There are some extra things to be aware of however;

Once arrested you have the right to an interpreter during police interviews.

You have the right to call your Embassy, although the help the Embassy can offer you is much more limited than many people think.

If you are released while awaiting a court hearing you will usually have to hand over your passport and undertake not to leave the country. If you are not a French resident, the judge can assign you a residency address in France.

If you are found guilty and imprisoned in France you maintain several rights, such as the right to vote (if you have French citizenship). France’s interior ministry has a handout detailing these rights, HERE. 

Can I appeal against my sentence?

Yes, you have the right to appeal a court’s decision.

Keep in mind that this can be a lengthy process with very specific deadlines – and it can go either way, so you risk a sentence being increased.

If you are acquitted in court,  French law also allows for the prosecution to appeal against your acquittal.

I am the victim of a crime, what are my rights?

In France, the role of the state and the prosecutor is to protect the peace, this means that if someone commits a crime against you, it is up to the state to decide whether to move forward with criminal proceedings.

It’s not up to the victim to decide whether or not to press charges.

Conversely, if the state chooses not to go ahead with criminal proceedings, but you (the victim) want them to press charges, you have the right to appeal against their decision to drop the case.

Can I be expelled from France for committing a crime?

Yes, although this is generally reserved for people who have committed serious crimes such as violent crime, drug-trafficking or terror offences.

If you have been jailed for a serious crime in France you can be served with an ‘interdiction du territoire français‘ – a ban from French soil – on your release. These are reserved for the most serious offences and simply being incarcerated does not necessarily lead to expulsion.

If you are a full-time resident in France but not a French citizen, then being convicted of a crime can mean that your visa or residency card will not be renewed. This is again usually reserved for people who have committed very serious crimes, but in certain circumstances residency can be withdrawn for less serious offences such as driving offences or begging. 

READ ALSO What offences can lose you the right to live in France?

If you have French citizenship it’s virtually impossible for your to be expelled from France although in some rare cases – usually connected to terrorism – citizenship of dual nationals can be revoked.

What are the rules for minors?

Minors in the French legal system have some specific rights. The EU has laid out the specific rights of minors, which apply in France as well, and apply from the time of arrest.

  • Right to be be quickly informed of legal rights, and to be assisted by your parents (or other appropriate persons)
  • Right to be assisted by a lawyer
  • No prison sentence should be imposed on a minor if they have not been assisted by a lawyer during the court hearings. All measures should be exhausted to avoid a child being imprisoned.
  • Right to be detained separately from adults if sent to prison.
  • Children should not be required “to reimburse the costs of certain procedural measures, for example, for individual assessment, medical examination, or audio-visual recording of interviews.”
  • A child’s privacy should be respected and “questioning will be audio-visually recorded or recorded in another appropriate manner.”
  • Repeatedly questioning children should be avoided.

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PROPERTY

BBQs, plants and laundry: What are the rules in France around balconies?

If you want to grill some ribs, install heavy plants or even hang up your laundry to dry on your balcony in France, then there is one document you'll want to consult beforehand.

Published: 7 May 2024 10:43 CEST
BBQs, plants and laundry: What are the rules in France around balconies?

If you live in an apartment building in France, then you might be curious whether there are any rules regulating what you are allowed and not allowed to do on your French balcony.

The answer is relatively simple: it depends on your copropriété. In France, a copropriété is a type of building that is split up into several different apartments that are individually owned. It is also the name of the individuals who together make up the co-owners of that shared building, similar to a ‘homeowner’s association’.

READ MORE: PROPERTY: What you need to know about ‘copropriété’ fees in France

Most of the time your building will also hire a syndic, or managing agents for the building.

Every copropriété should have a règlement de copropriété, which is a written document outlining all of the operating rules of the building, as well as the rights and olbigations of the ‘co-owners’ and tenants.

This document governs the common areas of the building and the fees that go into the building’s maintenance (les charges), but it can also regulate the use of private areas under certain circumstances. For example, the règlement might have its own rules about the hours that you can do noisy renovation work, or a list of colours allowed for the shutters on your exterior windows.

So can I barbecue on my balcony?

As you may have guessed from above, the règlement de copropriété may outline the rules for balcony or terrace usage.

This means that the document can dictate anything from whether or not you can hang laundry outside to the weight of plants allowed and the rules on barbecues.

The gist is that the regulations governing balconies and what you can do on them vary widely from one apartment building to another.

Some apartment buildings allow for people to use small electric grills for barbecues, while others might ban grilling and barbecuing altogether.

When asking about your balcony, be sure to find out whether any parts of it are considered ‘shared space’.

Under some circumstances, the règlement may deem balcony railings to be part of the shared space, which would have consequences for the minimum amount of maintenance required by the owner. Though, this would be most likely to occur if the upkeep of your balcony’s railing has a direct impact on the structure of the building or other apartments.

Similarly, the document might consider the actual concrete slab of the balcony to be the responsibility of the copropriété for maintenance and upkeep. In this case, if you had a crack in your balcony then the repair costs would fall on the copropriété and not you individually.

How do I find out about the règlement for my building?

If you have a gardien (doorman) you can start by asking him/her. They would likely have a copy on-hand, or they might just know the answer to your question.

Otherwise, you can reach out to the building’s syndic, or you can even request a copy of the document from the land registration service. The latter option will cost €30, and you would need to file a formal request (you can find the form here).

How are these rules decided?

The règlement for the copropriété is voted on in a general meeting of co-owners, and it can be changed.

To do this, you would need to gather the ‘general assembly’ of co-owners in the building. Then you would need to vote. Depending on the nature of the change, French law can require that the co-owners in the building reach a simple majority (most owners present vote yes) or an absolute majority (out of all owners, including those not present, the majority vote yes).

You can find the voting rules on this government website.

In general, the items outlined in the règlement will be justified somehow. For example, the rules related to furniture and plant height/weight might have to do with concerns about safety and ensuring that the concrete slab of the balcony holds up.

But that does not mean that ‘aesthetic’ concerns are irrelevant – your copropriété might consider something like hanging laundry to dry from your balcony to be an ‘aesthetic harm’ (or hygienic concern) for your building.

The standard for all French copropriétés is that anything that changes the exterior appearance of the building is not allowed, and in order to do so, you must get special permission.

READ MORE: The rules for installing air conditioning in your French home

What about local laws and rules?

In certain situations, there might be additional local laws and rules that regulate activities you might want to do on your balcony.

For example, when it comes to BBQs, some areas – especially if there is a drought – will ban or restrict them to avoid the danger of starting wildfires.

Certain legal clauses might restrict charcoal BBQs and allow gas ones, while others could restrict barbecuing to certain times. Check with your local mairie to see if there are restrictions where you live.

READ MORE: What are the rules of having a BBQ in France?

Departmental health regulations may also contain rules that would apply to balconies and terraces.

For example, in Paris the health regulations prohibit the storing of flammable liquids, seeds, bread crumbs or food of any kind on windows, balconies and outside parts of buildings.

It also stipulates that anything hanging from a balcony or window should be done so in a safe manner so that it does not create a dangerous environment for passers-by or other building occupants.

Overall, you can do what you want with and on your balcony, as long as you comply with the copropriété rules and existing local or departmental health/safety regulations, you do not alter the external appearance of the building or carry out any large-scale, structural work that you’d need a permit for, and as long as whatever you do/install on your balcony does not create a safety risk.

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