No more supervised and planned events. Since the announcement that 49.3 was used to pass the unpopular pension reform, protesters have taken to the streets. And this is without announcing the event in advance. Interior Minister Gerald Darmanin said during a press conference in front of the Paris police headquarters on Tuesday, March 21 “Being present at an unannounced demonstration is a crime and one that deserves arrest.”
For the Paris police chief, Laurent Nunez, the numerous arrests noted in recent days, particularly in the capital, are justified by the fact that These demonstrations were not announced nor organized. He explained on BFMTV on Tuesday. But is this really the case?
sequel after announcement
And if Darmanin deems it time, Marcangeli’s fears, the renaissance deputies’ fears …
“First news,” the Judiciary Syndicate shouts
The Minister of Interior’s announcement angered the Judiciary Syndicate. “first news”He tweeted the union, then added the Court of Cassation decision dated June 14, 2022: “Neither Article 644-1 of the Penal Code nor any other legal or regulatory provision criminalizes mere participation in an unannounced demonstration.”
In France, the freedom to demonstrate is framed in Article 11 of the Declaration of the Rights of Man and of the Citizen of August 26, 1789, which affirms that “The freedom to express ideas and opinions is one of the most precious human rights: therefore every citizen may speak, write and print freely, except to respond to the abuse of this freedom in cases determined by law.” The declaration, incorporated into the constitutional block, has a constitutional value.
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On the other hand, the Internal Security Act states that demonstrations must be announced in advance. Gatherings on the highway All processions, parades, rallies, and, in general, all demonstrations on the public road are subject to prior announcement. Can we read Section L211-1 of the Homeland Security Act.
The declaration must be made at the seat of the commune or at the headquarters of the police in Paris. If the demonstration is not announced, it may be banned by the representative of the state in the arrondissement or, in Paris, the prefect of the police.
sequel after announcement
The organization is punished by law
Thus, the simple fact of finding oneself in a spontaneous or even prohibited demonstration is not illegal, rather it is the very act of organizing it that is punishable by law. More precisely, under Article 431-9 of the Penal Code according to which the organizer of an unannounced event, incompletely announced or banned, is liable to imprisonment of up to six months and a fine of 7,500 euros.
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Nuance is also necessary because participation in an unannounced or prohibited demonstration can become illegal if regime forces scatter the assembly with two warnings. “These summonses are issued in accordance with procedures aimed at informing the persons participating in the assembly of the obligation to disperse without delay.”It is written in Section L211-9 of the Homeland Security Act.