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Being arrested, for most people, is an intimidating experience,even more so if you are arrested abroad. Irrespective of whether your arrest is as a result of a misunderstanding or there is a more serious cause. it is an event that must be taken seriously. If your arrest takes place in France it is crucial to be aware of your rights and have an understanding of the procedures to expect in order to ensure fair treatment and to protect your position.
France's criminal procedures are highly structured and regardless of whether you are an EU national, or a non-EU national, the general framework applies to everyone. Arresting a person can only take place if there are reasonable grounds to believe that they have actually attempted to commit or committed an offence. The offence must be of the type that carries a custodial prison sentence.
As a British national arrested or detained in another country, the Foreign, Commonwealth & Development Office (FCDO) and the British consular staff will help you, within the limits of their powers. They cannot interfere with the French justice system, or get you released from custody, nor can they pay for any legal services.
Giorgio Bianco, a partner overseeing the firm's Francophone and Arabophone markets, the MENA region, having oversight and responsibility for the offices in Sassari, Tunis, Casablanca, Lyon, and Paris, commented "The first and most important measure is to seek the services of a bilingual criminal defence lawyer to ensure from the onset all your rights are maintained. Only the police judiciaire or the gendarmerie have powers of arrest in France. You must be informed immediately of the reason for your arrest (motifs de l'interpellation) in a language you can understand." Giorgio further commented "it is possible that there may be a physical search, depending on the reason for your arrest. You can be held for between 24 and 48 hours initially, with the exception of serious cases such as drug trafficking, terrorism or instances of organised crime. In such offences custody without charge can be extended to up to 96 hours and possibly 144 hours, in some cases of terrorism.
Your best course of action is to cooperate and do not become agitated or aggressive. However, you should never answer any questions without your lawyer present. You should take notes of all the events that happened during custody if you can and under no circumstances should you sign a document you do not understand."
A person in custody may only be retained in custody to achieve the following options and doing so must be the only means of achieving those options:
- To ensure the presence of the suspected person during interrogation.
- To establish the identity of the suspect.
- To prevent evidence being falsified or destroyed.
- To ensure the suspect does not leave and remains available.
- To prevent the suspect from committing further crimes.
- To prevent collaboration with other suspects.
- For the suspects own safety should there be the potential for threats.
Whilst you remain in custody a request for legal assistance from the start must be permitted, your employer and family can be contacted by the police. Also the police can contact your embassy or consulate who can visit you in custody. Your health should be monitored and if you are unwell you should be able to see a doctor. You are not compelled to answer any questions put to you as you have the right to silence.
Giambrone and Partners criminal lawyers in France can assist you from the onset and where necessary build a defence against the allegations. Our lawyers will also ensure that your rights are correctly maintained. Following your arrest and interrogation you may be brought before a judge who will decide whether you should be formally charged, placed under supervision or remanded in detention prior to a trial. Should you be released you may be summoned in the future to appear in court at a later date.
Giorgio Bianco, a partner with oversight across Italy, France, Morocco, and Tunisia, with specific responsibility for the offices in Sassari, Tunis, Casablanca, Lyon, and Paris. An Italian-qualified lawyer and member of the Sassari Bar.
In 2016, Giorgio was named a finalist for "Best Emerging Italian Lawyer of the Year" by the prestigious legal publication TopLegal. The following year, he was instrumental in launching the firm's office in Sardinia—his home region—taking on the role of managing partner and successfully establishing Giambrone & Partners within a market previously untapped by major international law firms.
His leadership as Resident Partner in Sardinia contributed to the firm winning the TopLegal Award for Best Italian Law Firm – Islands Section in 2018.
In 2017, Giorgio also lectured on the Master Medi programme specialising in Immigration Law and Intercultural Mediation. He is a regular speaker at seminars and conferences, recognised as an expert in international law.
In 2018, together with his team, he launched and developed the firm's French Desk, coordinating lawyers across all offices to support the firm's Francophone clientele. Following the department's success, Giorgio registered with the Lyon Bar in 2021 and went on to establish the Lyon office, strengthening the France–Italy legal corridor to better assist international clients across France.
In 2022, he was appointed as an equity Partner in Italy. As global coordinator for the firm's Francophone and Arabophone markets (MENA region), he led the opening of the Casablanca office in 2023, followed by the Paris office in 2025.
Since 2025, Giorgio has also been admitted to practise before the Italian Supreme Court of Cassation and Higher Jurisdictions.
He is fluent in Italian, French, English, Arabic, and Tunisian dialect, and has a basic knowledge of Japanese.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
