Criminal

Harassment in packs: one message is enough

Consideration of the harshness of sentences The question of knowing whether justice must be even harsher to prevent recidivism is a complex and controversial question. While increasing the severity of the sentence may seem like a logical solution, it is important to...

Several senators, led by Mr. Jacques Mézard, tabled on July 31, 2012, bill no. 735 relating to medical assistance in dying . The purpose of article 1 of this proposal is to add a new paragraph to article L. 1110-9 of the Public Health Code providing that "any capable...

Driving license canceled Motorists whose driving license has been canceled cannot use a foreign license to continue driving in France. A canceled driver's license means the cancellation or withdrawal of a driver's license by the competent authorities. This is a...

Court Decision – Corporate Liability When the owner of a vehicle is flashed for speeding, therefore without interception, and that said owner is a legal person, article L121-3, paragraph 3, of the Highway Code applies. As a reminder, this paragraph provides that:...

The president of an association as "producer" of his website, is only responsible for the comments of Internet users if he was aware of their content before they were put online, or if he did not act. promptly to withdraw them as soon as he becomes aware of them. This...

Limits of expression Dieudonné M'BALA M'BALA and Ahmed MOUALEK appeared before the Paris Criminal Court on October 19, 2012. The court deliberated on the foundations of "freedom of expression" as these two individuals faced to charges of insult and incitement to...

Acquittal for surveillance In this case, a man was facing charges of driving under the influence of alcohol, with a blood alcohol level of 1.15 g/litre, on December 9, 2011. However, he was released without penalty or charge due to one important factor: a  simple...

Company assets The case involved an executive who, for personal gain, sold shares held by one company in the capital of another without following proper procedures for calling a general meeting and obtaining approval. consent of other shareholders. This led to...

Anonymity of detainees In a judgment of July 13, 2012, the Administrative Court of Paris ruled that the prison administration cannot unreasonably prohibit detainees from appearing with their faces uncovered in television reports, unless there is valid...

Ryanair v. Opodo In the absence of contractual relations, the general conditions of use of a site are not opposable to a third party recalls the  Paris Court of Appeal  . Non-opposability of the General Conditions of Use to third parties:- It thus confirms the...

The impact of the European Court Since the decisions of the European Court of Human Rights are not rendered by way of preliminary ruling, they cannot be used by the judge in chambers to assess whether there is a serious doubt about the legality of an act whose...

Legal Defamation In a judgment of June 7, 2012, the Paris TGI decided to award €2,000 in damages, in compensation for the moral damage suffered, taking into account the fact that the article had been published on the website of Ouest France.This case is part of a...

Authorization of data By decree dated July 11, 2012, the Director General of the National Police , the Director General of the National Gendarmerie and the Director General of Customs and Indirect Rights are authorized to implement automated processing of personal...

Offensive criticism A judgment rendered on June 27, 2012, the 17th chamber of the Paris TGI (Tribunal de Grande Instance) condemned the author of public insults , rejecting the defense that the criticisms expressed in an ironic tone on a blog were not than...

Can we wear whatever outfit we want? Can you walk naked in the street, or even wear a police uniform without being a police officer? Yes, in principleWe have the right, in principle, to wear the clothing of our choice: this is an individual freedom which is linked to...

Several high-profile cases such as the Bettencourt affair have highlighted the offense of abuse of weakness . Victims generally do not dare to lodge a complaint. Definition Abuse of weakness is the exploitation of a person's vulnerability, ignorance or state of...

The law on sexual harassment, passed by Parliament, was promulgated on Monday August 6, 2012 and published on Tuesday August 7, 2012 in the Official Journal. It includes in the Penal Code a new definition of sexual harassment in order to take into account all...

The criminal seizure of sums credited to bank accounts constitutes a seizure of assets requiring the prior opinion of the public prosecutor. In this case, on the occasion of information followed against the spouses on the counts of fraud, forgery and use of forgery,...

Since January 1, 2002, drivers intercepted after speeding are presumed to have received sufficient information on the withdrawal of points they incur. The Council of State brings two new precisions on the proof of the information of the driver on the withdrawals of...

Do parents risk penalties if they spank their child? What the law says ? In principle, no Spanking could be equated with violence, and violence is punishable by the Penal Code. The penalty is 3 years imprisonment and a fine of 45,000 euros for violence against a minor...

Criminal conviction for abuse of power: a landmark case In an unprecedented ruling, the manager of a CAC 40 company was  criminally convicted  for abuse of power, marking a significant development in company law ( caass. crim. May 16, 2012, no. 11-85150 ). This...

A series of judgments of June 6, 2012 allows the Court of Cassation to take stock of moral harassment.   – A definition centralized by the penal code: the labor code would no longer expressly define moral harassment and would refer to the definition contained in...

If a third party takes advantage of our mental or physical fragility to extort money or goods from us, we can be the victim of abuse of weakness. It must then be proven by bringing together all the incriminating elements and taking legal action. What is the abuse of...

Recidivism in French criminal law Recidivism is an important concept in French criminal law  , designating  the repetition of an offense previously  and  definitively condemned. It is considered an aggravating circumstance that may result in the imposition of a more...

The lowering of the criminal majority from 18 to 16 is an old debate… which resurfaces regularly when minors are implicated in cases that strike public opinion.   In France, the criminal majority applies to 18 years. For the same facts, a minor cannot be punished...

In what cases can a mayor be held liable ? How ? According to what procedure?   IN WHICH CASES? A mayor can be worried by justice for all intentional faults. It can also be for unintentional faults which concretely cover the accidents which would take place on...

Your card has been hacked on the Net? Know that you can be  reimbursed  provided you take the right steps. What should I do ? You must first call your bank to oppose it, it is  advisable  to also send them a letter with acknowledgment of receipt explaining the...

Is a handrail useful? Does it serve as  evidence  in court? THIS IS NOT A COMPLAINT Rail support! A daybook is a simple  declaration  filed in a specific register kept in each police station or gendarmerie. It is established on the sole declaration of the person who...

What is an e-mail according to the law? Can it serve as  proof  ? What do we mean by e-mail? Article 1 of the law for confidence in the  digital economy  defined what an e-mail is: an e-mail is an electronic message sent by the Internet communication network and which...

Self-defense is a cause of penal irresponsibility which applies to crimes and misdemeanors. The criteria are well defined for there to be self-defence: the response to an attack must be necessary, proportionate and immediate. Self-defense defense is a cause of...

Police brutality Physical violence is severely punished by law. If a sworn person commits such acts, several remedies exist. What types of violence? Police brutality They can be of two types: physical, by blows (identity check, placement in police custody for...

Many people are " files " by the police, the  gendarmerie  or the justice system! How do you know if this is your case and, if so, how do you have this data deleted? Main files. There are several categories of files. Police records  , gendarmerie records and court...

What is contempt of the flag? Is the national anthem   also affected? What are the sanctions ? An attack on FRENCH SYMBOLS Contempt for the flag is an attack on the symbols of the French Republic. There are two types of offences.First: the offense of contempt. It is...

Since 2010, psychological violence   in the couple is recognized as a crime. It is therefore now possible to act if one feels the victim of repeated humiliation or verbal manipulation. Your  lawyer  , expert in his questions, assists you in court. What is it about?...

Any adult can decide to  disappear  without giving any news to his relatives. When should research be undertaken? What will be the steps to follow? Do we have the right to disappear? The adult can always decide to change domicile and break all contact with his...

If a loved one is the victim of a sect, what is the  attitude  to adopt? Can we force him to leave her? Can we prosecute the sect? Make a diagnosis If you suspect that someone close to you is under the influence of a cult , you must first establish a diagnosis to...

With more than 200,000 cases recorded in  France  each year, you are more likely to be the victim of identity theft than burglary or car theft! What is identity theft? The Penal Code defines identity theft   as the act of taking the name of a third party in...

Have you been caught cheating on the  baccalaureate  or another state exam and you don't know what will happen to you? What is Fraud? Fraud consists of any communication between candidates or consultation of prohibited documents such as a manual, a “cheat sheet” or a...

Sexual exposure! Before, we spoke of indecent exposure, today it is about sexual exhibition . For it to be characterized, it is necessary that one clearly had the will to exhibit in public prohibited behavior such as sexual acts, obscene gestures or even one's...

If you have been burglarized without breaking and entering, can you be compensated by your insurance? How to act? Check your insurance contract If you have been the victim of a theft without breaking and entering, you can be compensated by your insurance company under...

The direct loss of turnover for French companies linked to counterfeiting has been estimated at 6 billion euros per year. How to react if you are affected? HOW TO REACT TO A COUNTERFEIT? You must first make sure that it is indeed a counterfeit.Counterfeiting is a...