The decision to place in police custody

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The decision to place in police custody a person against whom there are one or more plausible reasons to suspect that he or she has committed or attempted to commit an offence is a power that the judicial police officer derives from the law and exercises, in accordance with the conditions it lays down, under the sole supervision of the public prosecutor or, where applicable, the examining magistrate. However, no statutory provision prevents the judicial police officer from seeking instructions from the instructing magistrate before deciding on the measure.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.