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the law published in the Official Journal regulates the use of cameras – RT in French
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the law published in the Official Journal regulates the use of cameras – RT in French
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The law on criminal responsibility and internal security has been published in the official journal, it completes the global security law (partially challenged by the Constitutional Council) and clarifies the notion of criminal irresponsibility.

Presented to the Council of Ministers in the summer of 2021, the law relating to criminal liability and internal security was published in the official journal on January 25.

The text made it possible on the one hand to respond to public and media questions surrounding the case of the murder of Sarah Halimi in terms of criminal irresponsibility in the event of drug consumption prior to the commission of a crime, but also to reintroduce measures which had been challenged by the Constitutional Council, such as the use of drones and on-board cameras by the internal security forces.

Criminal irresponsibility in case of voluntary intoxication

With an “offence of voluntary intoxication”, this new law thus limits the notion of criminal irresponsibility in the event that the accused would have sought to consume any drug before the commission of the crime.

In the Halimi case, the Court of Cassation decided in April 2021 that there would be no trial after the death of this 65-year-old Jewish woman murdered in 2017.

The Court confirmed the anti-Semitic character of the crime but also the criminal irresponsibility of his murderer who would have been taken by an “acute delirious puff” at the time of the facts following the consumption of cannabis.

A section on internal security favorable to law enforcement

In addition, the text reinforces the sanctions in the event of deliberate violence against members of the police, while regulating the use of video devices.

A specific offense is indeed created in the event of voluntary physical attacks against the security forces, the soldiers of the Sentinel, the municipal police officers, the firefighters, the rural guards and the agents of the customs and the penitentiary administration.

For the offense to be characterized, the professional status of the victim must be apparent or known to the perpetrator. The heaviest penalties can go up to 10 years in prison and a fine of 15,000 euros. The authors will not be able to benefit from sentence reductions.

The offense may extend to the spouses, descendants or ascendants of the agents in question and the penalties are the same if it is proven that the violence is linked to the agent’s profession.

Law enforcement image capture redefined

Regarding the capture of images, the text provides that the recordings made by the pedestrian cameras of the national and municipal police officers as well as the gendarmes be erased after six months without any legal, disciplinary or administrative procedure.

An article is also devoted to cameras installed on drones and planes used by security forces. The images can be used during the time of the intervention, but the devices must not be able to capture sound or allow facial recognition, nor linking with other personal databases. Apart from legal, disciplinary or administrative proceedings, the captured images will be erased after seven days.

This type of airborne capture must be carried out by the national police, the gendarmerie or the army (on requisition) with the authorization of the prefect, but according to specific cases: the prevention of attacks on the safety of persons and property, the safety of gatherings of people in public space, especially in case of high intensity gatherings. But also to prevent acts of terrorism or to regulate flows for the purpose of maintaining order, for rescuing people and for border surveillance.

The Constitutional Council, seized by parliamentarians, censored the use of drones by the municipal police, but therefore allowed law enforcement drones to return to film from the sky after two years of censorship of this practice.

In addition, the capture of images by means on board intervention vehicles for the national police, the gendarmerie, customs, firefighters and Sentinel becomes possible in the public space when an incident is about to occur. produce “having regard to the circumstances or the conduct of persons”.

Two articles of the text on the detention of minors

The new law will also allow the courts to decide whether minors (or people claiming to be minors) over the age of 13 will be kept or remanded in custody until a court appearance.

The appearance must however take place within 24 hours before an official release. It is a simple provision of justice.

the law published in the Official Journal regulates the use of cameras – RT in French
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