Pour quels motifs et à quel moment un individu peut-il être arrêté (arrestation judiciaire)?


A person is arrested to be brought before a court:

Criminal proceedings can be instituted by three possibilities:

A private person complaint may be made orally (and then reduced into writing by the magistrate) or in writing signed by the complainant to a magistrate who investigates on the presumed criminal offence. The magistrate will then confirm or infirm after considering prima facie that the offence is not frivolous or vexatious. To make her/his decision the magistrate consult the local chief of the area to be assured of the truthfulness of the complaint, except if the complaint is supported by a letter from the local chief.

Arrest with warrant

The court may issue a warrant for the apprehension of a person against whom a charge has been preferred. The purpose of the arrest is to answer to the charge mentioned in the warrant.

The warrant of arrest shall:

Arrest without warrant

The 1994 Police act is less accurate than the 1950 Criminal procedure act.

According to the 1994 Police act, a police officer may arrest – without a court order and without a warrant – any person whom she/he has reasonable reason to suspect that has committed or will commit an offense. In contrast, the 1950 Criminal procedure act lists different grounds to arrest a person without warrant.

Police officer

Any police officer may – without an order from a magistrate and without a warrant – arrest any person who:

Officer in charge of a police station

Any officer in charge of a police station may – without an order from a magistrate and without a warrant – arrest or cause to be arrested:

An officer in charge of a police station may discharge a person arrested without a warrant – after due police inquiry – when insufficient evidence is disclosed on which to proceed with a charge.

Person in charge of lawful custody

The person in charge of lawful custody of a person arrested may rearrest that escaped or rescued person from her/his custody.

Private person

Any private person may arrest any person:

An owner of the property or her/his servants or person she/he authorized may arrest – without a warrant – a person found committing an offence involving injury to her/his property (section 15 of the Criminal procedure code act).


For more informations: