Legal Blog

Criminal

Criminal

Study on the interest or not of the severity of sentences

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...

Right to abortion in Monaco

 The Fight for Reproductive Rights: Abortion in  Monaco  Decriminalization of abortion: Progress or limit? Until today abortion is prohibited in the Principality of Monaco except in cases of rape or serious illness of the fetus. Women are liable to a prison sentence...

The Ghedir Affair

The Ghedir affair  In 2004, a distressing incident took place in a train station in Seine et Marne, France, involving the arrest of Mr. Ghedir, a 21-year-old man at the time. During the incident, he was physically abused by SNCF agents and police. Officers suspected...

Social networks, confidentiality paradox and public insult

Browsing Social Media The pervasive influence of social networks like Facebook and Instagram in our daily lives cannot be denied. With more than thirty million registered users in France alone, these platforms have experienced a meteoric rise in the world since the...

Freedom of expression and its limits

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...

Question of the anonymity of detainees

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...

Protection of database rights: Ryanair case against Opodo

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...

Legal Defamation

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...

Surveillance of the SAFARI browser by Google: a record fine

Safari Surveillance The US Federal Trade Commission (FTC) announced on August 9, 2012 an agreement with Google, which will pay a “record” fine of $22.5 million to settle lawsuits related to the surveillance of Internet browser  users  . 'Apple, Safari. Google Fine for...

An automated processing system for drug-related offenses

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...

Legal Recidivism and Sentencing: Reasoning Requirements

Motivation of the decision The stakes of the motivation of a decision are crucial. Morally motivation is supposed to guarantee arbitrariness, but its virtues are also rational, intellectual, because motivating one's decision imposes on the one who takes it the rigor...

Can I dress how I want?

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...

The abuse of weakness: the trap of manipulation

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...

Sexual harassment: the text of August 6, 2012

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...

Nature of criminal seizure of sums credited to bank accounts

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,...

Details on the proof of information on the withdrawal of points

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...

Is spanking prohibited?

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...

Treatment of defamation contained in a confidential letter

Libelous accusations in private correspondence Defamatory accusations made in personal and private correspondence, aimed exclusively at the  addressee  of the letter, are subject to criminal sanctions only if the letter was sent under conditions of absolute...

Criminal conviction for abuse of power: a landmark case

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...

Racism, understanding and sanction

Understand the different forms of racism Racism encompasses a range of  expressions  that can lead to discrimination based on religion, ethnicity or nationality  . These expressions can take the form of words, behaviors, actions or writings. It is important to...

My criminal record is not clean: consequences

Having a criminal record can have  consequences  in many areas. Who can access it ? Can he become a virgin again, cause a  dismissal  or motivate a divorce? Who can access it ? Only the judicial authorities, certain administrations and yourself can have direct access...

Weakness Abuse

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 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...

Should the age of criminal majority be lowered to 16?

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...

Can a mayor be worried by justice?

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...

Moral harassment at work

Bullying is always difficult. But when the  abuser  is your supervisor, the pressure can turn into a  nightmare  .   Attempt an AMICABLE SOLUTION Employees who are victims of moral harassment must not remain isolated. He must talk about it to his work colleagues,...

Harassment at work

Moral harassment , historically  linked  to the field of work, is now recognized within the family unit. The law defines harassment as the act of  harassing  others through repeated acts, the effect or aim of which is to deteriorate working conditions likely to...

They used my card fraudulently on the Internet: What to do?

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...

Illegal downloading: what are the risks?

Do you (or people with access to your network)  practice  illegal downloading? The Hadopi law has set up a system of warnings and penalties that can lead to the  suspension  of your internet line. PROHIBITED FACTS. The Hadopi law, which created the High Authority for...

Online fraud

“Phishing”, money laundering, counterfeiting… On the Internet, there are many scams! How to avoid them and not be fooled? Theft of bank data The theft of bank data begins with taking control of the Internet user’s virtual identity in order to recover their secure data...

Points on your rights in police custody

When can I be taken into custody? What are my rights or those of the police? You can be taken into custody for any type of  misdemeanor  or crime that carries a prison sentence. This can happen if you are caught red-handed, for example for a theft or during...

Is judicial anonymity possible?

Forensic anonymity! Is anonymity in court possible? In which cases? Is there a specific device? The answer is: YES, AS A WITNESS Forensic anonymity! In order for certain investigations to move forward, it is necessary for the persons holding the information to be able...

What is a handrail used for?

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...

Can an email be used as proof?

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...

How to contest forced psychiatric hospitalization?

Can the patient contest the care that  is brought to him  by force? What are the remedies to which he is entitled? Refer to the judge of freedoms and detention A patient who undergoes forced psychiatric care can  challenge  this care if he considers it unjustified. To...

Victim of domestic violence: what to do?

What to do when you are beaten by your  spouse  ? Where to lodge a complaint, what are the procedures? What are the essential steps to follow to get out of this situation, and obtain compensation.Domestic violence is punished whether it is  physical  , psychological...

Self-defense Criteria

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...

I have been the victim of police violence, what should I do?

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...

I was drawn to be a juror

The juror is drawn by lot from the  electoral lists  . Its mission is heavy since it must rule on the guilt or not of an accused. A civic duty that he can only refuse in the event of a serious reason. The juror is  paid  for the time of the session. How are we...

How do I dispute a fine?

To dispute your fines , several  possibilities  are available to you. The remedies, the right steps and the steps to follow to assert your right will be detailed here. The right approach It is illusory to contest a fine if you are not sure that you are within your...

How do I know if I’m stuck?

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...

When is there contempt of the flag?

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...

My spouse is emotionally abusive

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?...

Disappearance of an adult, what to do?

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...

How to apply for the protection of an adult?

The measure for the protection of  adults  concerns people with an impairment of their physical or mental faculties serious enough to prevent them from expressing their consent. It is the guardianship judge who  decides  on the appropriate measure. Who is concerned ?...

How to get someone close to a cult out?

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...

Identity theft: how to protect yourself?

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...

I cheated on my exams, what does the law say?

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...

When is there sexual exhibition?

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...

Theft without burglary: How to react?

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...

How to react to a counterfeit?

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...

The financial counterpart of the non-competition clause

The financial counterpart of the non-competition clause:The non-competition clause is a very common clause in employment contracts. Integrated into this, the non-competition clause prohibits the employee after leaving the company, the exercise of a competing...