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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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Greetings, Im an Airline Pilot from Brazil who joined the

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Greetings, I'm an Airline Pilot from Brazil who joined the Legion and served 1 year in Nimes, I then deserted and came back to my country to keep flying, the thing is my company needs to send me to Paris pour faire des stages aux simulateurs de vol, and we will fly regularly to France and the rest of Europe. The question is, will I have any kind of problems with the authorities in the airport or with the French Law because of deserting the Legion? Will they refuse my entry in France?
Depending on how long ago you deserted you could not only be denied entry into France but be arrested and sent into detention, pending trial, if you have not already been tried in absentia. Deserting in peacetime and leaving France is assorted with a sentence of 5 years in jail. If you deserted while on a mission outside of metropolitan France the sanction is 10 years. The statute of limitation is 3 or 10 years, depending on circumstances, beginning ONLY when you reach the normal retirement age from military duty.
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Customer: replied 4 years ago.

That's an answer we all know, the question is to see where are all the legal flaws of the system, for example I'm not yet rectified Regularisation de Situation Militaire, and I've never heard of a single Legionnaire taken to prison for the last 20 years. I just want to know if when arriving to the airport in Paris when I'm the pilot of a the plane or as a passenger they have a way of knowing if I'm a deserter, or if the Legion Inmediatelly sends a request for the Police to search the deserters

Basically, except in rare cases, there is no real action taken to look for deserters. Their names are XXXXX XXXXX to the gendarmerie. A visit is usually made at their last known address but not much more. Yet, since the new military criminal code articles publication in 2005 and 2006, and the mutualization of computerized criminal data between different police forces, their names, like that of all offenders, are systematically entered in the system. And, if the border police does its job properly, a deserter's name should flash at passport control... And trigger an arrest. Likewise, most deserters are caught at simple road checks when the traffic police checks the id of a driver.
Yet the probability of really serving a sentence in prison is limited beyond a 48h period after the arrest. But a record as a deserter, like all criminal record, could prevent you from obtaining all kind of permits from the administration such as security clearance for airside access in French international airports.
Customer: replied 4 years ago.

What would be a justifiable reason for demanding to go civil? and how can I accelerate the process?. Because the system in the Legion is making you stay long periods of time in the Quartier doing forced work as a way of punishment, there's absolutely no humanity here

Basically you cannot ask to go civil AFTER you have deserted. There is not even a procedure for that. The reasons for what you did in the past would have to be debated in criminal court (tribunal correctionel).
You can contest the conditions in the Legion, but case law, even in the European Court of Human Rights, has ruled that legionnaire were informed of what to expect and the French Ministry of Defense has not ever been condemned on these grounds.
BEFORE leaving the legion you can request that your contract be rescinded mainly on family support grounds (= your family really needs you back home to support them). It is usually granted in peacetime unless there is a disciplinary issue with the legionnaire making the request.

The procedure to contest is the following:
first appear in tribunal correctionnel, then in Appeals court, then in cour de Cassassion (highest French jurisdiction). Only then can you seize the ECHR... The whole procedure is likely to last 7-10 years...
Sorry to be the bearer of bad news...
Customer: replied 4 years ago.

Thanks for the enriched and complete answer, I have just a last question. If the Legionnaire is still serving in his regiment but hasn't yet reached his first year of contract, can he still demand going civil without any problem? what could he do if his Chef's pose an objection for this, and who could he possible ask help for