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French Legal Issues
Topic has 32 replies.
 
 
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24/04/2008, 10:12
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Clair

Joined on 23/08/2004
------- Forum Moderator ------- Lot (46)
Posts 6,852
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Re: Wwoofers the law and fingerprints
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Boiling a frog wrote: | | In order to confim someones identity and if suspected of a crime fingerprints and photographes can only be taken on the authority of the procurateur |
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That is right BaF. More details here: http://vosdroits.service-public.fr/particuliers/F1036.xhtml?&n=Papiers & Carte nationale d'identité
Contrôle de police judiciaire
Le contrôle d'identité de police judiciaire a lieu dans le cadre de recherches ou de poursuites d'infractions. Des contrôles d'identité peuvent être pratiqués à l'égard des personnes dont un indice laisse penser qu'elles :
- ont commis ou tenté de commettre une infraction,
- se préparent à commettre un crime ou un délit,
- sont susceptibles de fournir des renseignements sur un crime ou un délit,
- font l'objet de recherches ordonnées par une autorité judiciaire.
Le contrôle d'identité de police judiciaire est
pratiqué sur instruction du procureur de la République pour la
recherche d'infractions précises, dans des lieux et pour une période
déterminés.
Prise d'empreintes digitales
La prise d'empreintes digitales ou de photos ne
peut être faite que sur autorisation du procureur de la République ou
du juge d'instruction et si elles constituent l'unique moyen
d'établir l'identité de la personne. La vérification d'identité doit donner lieu à un procès-verbal. La personne peut refuser de le signer. Elle peut également en demander copie.
Clair, a Real Virtual French Person
Ma Plus Belle Histoire d'Amour
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24/04/2008, 11:40
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J.R's gone native
Joined on 16/07/2006
Picardie, Sussex
Posts 1,828
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Re: Wwoofers the law and fingerprints
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But what is a Wwoofer?
Editted, decided not to be lazy and googled it.
Twas what I thought so perhaps the Gendarmes may have been forced to act after a complaint, malishous or otherwise. I really cant see them investigating this operation at a local level.
If someone makes a porter plainte do the Gendarmes have to follow it up and investigate?
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24/04/2008, 11:58
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Washy

Joined on 23/08/2004
Corbieres, Aude (11)
Posts 332
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Re: Wwoofers the law and fingerprints
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JR they are Willing Workers On Organic Farms.
Clair I also found this info on www.service-public.fr and can tell you they gave her no option when taking her fingerprints but then she was not accompanied by me as I would have asked, what the crime was and had they been authorised to take her fingerprints. Unfortunately I think a lot was lost in translation. She asked for a copy and was denied this. This also happened to me when I porte plainte against someone, I was not allowed a copy of what I had signed. Now this matter was never referred to again and as my PP was against the then mayor I think it was just filed in the waste paper bin, and I think my friend's case is also destined for the bin and was just to frighten her, but if it is taken further we are all better informed thanks to research done and replieson this forum. Our doctor seemed to know more than us when I rang him he said there was a crime and that was why she had been fingerprinted. The crime was breaking a window to get into another property (also her own), i.e; criminal damage. We will be prepared now whatever happens next or not............................
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24/04/2008, 12:11
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Washy

Joined on 23/08/2004
Corbieres, Aude (11)
Posts 332
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Re: Wwoofers the law and fingerprints
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I think the statement in french as quoted by Clair re fingerprints is a little confusing. AsI read it, if there is a crime they can take fingerprints, but if they are only wanting to verify somone's identity for any other reason then they have to have authorisation.Is this how people understand this? So in her case they had a 'crime', but whether breaking a window in your own property is a crime is another matter.
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24/04/2008, 12:19
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Washy

Joined on 23/08/2004
Corbieres, Aude (11)
Posts 332
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Re: Wwoofers the law and fingerprints
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This is history repeating itself. 6 years ago another then resident of the village was taken to the gendarmerie, questioned, fingerprinted, photographed etc. She is American and her 'crime' was to have taken her neighbour (french) up on his offer, non paid, to put a layer of her concrete on her foundations. Exactly the same Gendarme!!!!! Again nothing ever came of this. I am starting to think it is something they will do periodically either to check up on foreigners in the area or to warn others off employing workers on the black, or both.
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France Forum » Legal and Finan... » French Legal Is... » Re: Wwoofers the law and fingerprints
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