Wednesday, December 21, 2016

The rules of self-defence have changed for the police officers – West-France

The Council of ministers shall examine, on Wednesday, a bill that would amend the rules of self-defence for the police. The text is intended to define a “common project” of the use of firearms for police officers and gendarmes, while the two armed corps have different plans. One of the amendments provides that police officers and cops to “use their weapon after a summons” to stop an individual recalcitrant or a hit and pouncing on them.

It was one of the claims of the police officers who showed this fall to express their ” anger “ after the attack on four officers : a change in the rules of self-defence is at the heart of a bill discussed Wednesday by the Council of ministers.

The text is intended to define a ” common project “ of the use of firearms to both law enforcement, the police and the gendarmerie, aligning the first on the second, according to sources in the ministry of the Interior.

The constables, military status, currently have a greater margin of manoeuvre that the police, who are civilians, in the case of self-defence in particular.

Events unpublished

This claim, long championed by police unions, has been at the heart of events to police at the end of 2016, out of union, after the attack on the Molotov cocktail of four of them on October 8 at Viry-Châtillon (Essonne).

This bill had been announced at the end of November in Evry (Essonne) by the minister of the Interior at the time, Bernard Cazeneuve, and will be presented by his successor, Bruno Le Roux.

Bernard Cazeneuve attended to the first conclusions of the meetings of ” dialogue “ with the police database promised by the government in order to respond to these series of events unprecedented in their breadth, in Paris and in the provinces.

Currently, self-defence, as defined by the article 122-5 of the penal Code, is framed by the principles of necessity, proportionality and simultaneity. The act provides that ” is not penally responsible the person who, in an unjustified infringement to themselves or others, accomplishes, at the same time, an act ordered by the necessity of self-defence of itself or others, except if there is disproportion between the means of defense used and the gravity of the infringement “.

This also applies to any person seeking to” to interrupt the execution of a crime or an offense against property “.

differences between policemen and “gendarmes” ” corrected “

The act of June 3, 2016, which has strengthened the fight against organised crime and terrorism, authorizes the police or the military to use their weapons for” to prevent the reiteration, in a time range, of one or more murders or attempted murders from being committed “.

There are still, however, a difference in size between police officers and gendarmes, that the project will” fix “, according to the same sources.

The principles of proportionality and simultaneity are relegated to the background, in conditions described by the article L2338-3 of the Defence Code. The constables can – and only – fire when they are attacked or threatened by armed individuals, for ” stand “ an area that they occupy, if a summons repeated remain without effect, or to immobilize vehicles.

in Order to correct for this difference, several changes will be made. Police and gendarme will be able to ” to use their weapon after warnings “ to shut down a person stubborn of which they have custody or a hit and pouncing on them.

The project is planning an arsenal of” measures of proportionality “ as safeguards, adds it.

Anonymity of investigators

self-defence had been at the heart also of the campaign of the candidates in the primary from the right that had made the assault of the proposals.

The bill, which must be tabled in Parliament by January 2017 in the framework of an accelerated procedure, also provides for an expansion of the conditions of identification only by the badge number in the criminal proceedings.

This is to preserve the anonymity of investigators, other claims of the police unions and protesters.

In addition, it will make the penalties for contempt of depositary agent of a public authority, from six months to one year of imprisonment and 7 500 to 15 000 € fine. These sentences will be the same litters in two years and 30 000 € of fine when the acts are committed in meeting. They will be aligned on those which are incurred in the event of contempt of court.


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