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Changes to the law on harassment The law of 6 August 2012 on sexual harassment brought two important changes in terms of criminal procedure. These modifications relate to the actions in progress and the civil action of the associations .
Changes in criminal procedure:-
With regard to the actions in progress on May 5, 2012, due to the repeal of article 222-33 of the Penal Code by decision of the Constitutional Council, article 12 of the law of August 6, 2012, specifies that the court correctional or the appeal chamber can declare the cessation of the public action. However, the court remains competent to grant compensation for damages resulting from the facts giving rise to the legal action. In addition, the court may determine a sum for the costs incurred by the civil party, if requested before the close of the proceedings, in accordance with the rules of civil law.
Civil Action of Associations:-
The law of August 6, 2012 also extends the application of article 2-6 of the code of criminal procedure to associations. An association duly declared for at least five years on the date of the facts, and whose statutes aim to fight against discrimination based on sex, mores, orientation or sexual identity, can exercise the rights recognized for civil parties. . This is the case with discrimination punishable by articles 225-2 and 432-7 of the Penal Code, as well as articles L. 1146-1 and L. 1155-2 of the Labor Code, when they are committed on the grounds of sex. , family situation, morals, sexual orientation or identity of the victim, or as a result of sexual harassment .
CRIM circular no. 2012-15/E8, dated August 7, 2012, supports the immediate and effective application of the law, by providing guidance on its implementation.
For more information on the evolution of the notion of harassment, the reader can refer to the associated article.
