Editing Right to silence (section)

===France===
{{See also|French criminal law}}
In France, any person brought in police custody (''[[Glossary of French criminal law#garde à vue|garde à vue]]'') must be informed of the maximal duration of the custody, and a number of rights, in a language that this person understands. Among these rights are: the possibility of warning a relative or employer of the custody, that of asking to be examined by a physician, and that of discussing the case with a lawyer.

The [[French Code of Criminal Procedure]]<ref>{{cite web|url=http://www.legifrance.gouv.fr/html/codes_traduits/cppsomA.htm|title=Legifrance - Le service public de l'accès au droit|date=22 April 2003|access-date=17 February 2018|url-status=bot: unknown|archive-url=https://web.archive.org/web/20030422150953/http://www.legifrance.gouv.fr/html/codes_traduits/cppsomA.htm|archive-date=22 April 2003}}</ref> (art. L116) makes it compulsory that when an [[investigating judge (France)|investigating judge]] hears a suspect, he must warn him that he has the right to remain silent, to make a statement, or to answer questions. A person against which suspicions lay cannot legally be interrogated by justice as an ordinary witness.

At the actual trial, a defendant can be compelled to make a statement. However, the code also prohibits hearing a suspect under oath; thus, a suspect may say whatever he feels fit for his defense, without fear of sanction for [[perjury]]. This prohibition is extended to the suspect's spouse and members of his close family (this extension of the prohibition may be waived if both the [[prosecution]] and the [[Defense (legal)|defence]] [[counsel]] agree to the waiver).

Since 15 April 2011,<ref>[http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000023860729 Loi n° 2011-392 du 14 avril 2011 relative à la garde à vue].</ref> any person held by the police has new rights:

* The person is immediately informed by a police officer, or in the presence of one, in a language that he can understand, that (Article 3):
** he has the right to ask assistance of a lawyer (63-3-1 to 63-4-3 of Penal Procedure code);
** he has the right, after answering questions about his identity, to answer other questions or to remain silent.
* From the beginning of custody, the person can ask for the assistance of a lawyer (Article 6).
* The conversation with the lawyer has to remain confidential (Article 7).
* The lawyer has the right to access some of the documents related to the procedure and to be present at any police interview of the suspect made by the police (Article 8).

Witnesses under indictment (or who are cited as suspects) cannot be heard under oath, and thus do not risk prosecution for [[perjury]]. Such witnesses must be assisted by an attorney, and must be informed of these rights when heard by the judiciary. Suspects brought before a Juge d'instruction must be informed of their right to remain silent, to make statements, or to answer questions. In all cases, an attorney can be designated by the head of the [[bar (law)|bar]] if necessary.