The death of a man in
Échirolles, killed by police Friday night, reopens the debate on self-defense.
Police reportedly fired after the individual had "pulled a gun from behind
his back," said the prosecutor of Grenoble, Jean-Yves Coquillat. Placed in
custody, five policemen were released Saturday.
The investigation in flagrante
delicto will however continue to identify particular "if
self-defense," said one public prosecutor of Grenoble.
For the family, the death of
this father of four is "a big mistake". The widow of fifties said
that she want to complain. The case reopens the debate on self-defense.
Especially since it was a key demand of the demonstrations the police that take
place over 10 days.
According to Article 122-5 of the Criminal Code, Self-defense is framed by the principles of necessity, proportionality and simultaneity, the judge assessed on a case by case basis. The law provides that "is not criminally liable who, to an unwarranted invasion of oneself or others, performed at the same time, an act ordered by the necessity of self-defense of itself or for others, unless there is a disproportion between the means of defense used and the gravity of the infringement ". This law is also not unique to police but applies to every citizen.
According to Article 122-5 of the Criminal Code, Self-defense is framed by the principles of necessity, proportionality and simultaneity, the judge assessed on a case by case basis. The law provides that "is not criminally liable who, to an unwarranted invasion of oneself or others, performed at the same time, an act ordered by the necessity of self-defense of itself or for others, unless there is a disproportion between the means of defense used and the gravity of the infringement ". This law is also not unique to police but applies to every citizen.
Self-defense, subject to
conditions.
Since the terrorist attacks, the text was changed. The law of 3 June 2016, which strengthens the fight against organized crime and terrorism, authorizes the police or the military to use his weapon to "prevent the repetition in the near time, one or more murders or attempted murders just been committed."
According to the French administration, for that self-defense is recognized it is necessary that the following conditions are met:
• the person has acted face an unjustified attack against them or against another person, or to stop a crime. For example, if a victim defends himself against a sexual assault.
Since the terrorist attacks, the text was changed. The law of 3 June 2016, which strengthens the fight against organized crime and terrorism, authorizes the police or the military to use his weapon to "prevent the repetition in the near time, one or more murders or attempted murders just been committed."
According to the French administration, for that self-defense is recognized it is necessary that the following conditions are met:
• the person has acted face an unjustified attack against them or against another person, or to stop a crime. For example, if a victim defends himself against a sexual assault.
• The act of defense was
needed. For example, the victim could not escape because the author blows the
holding.
• Employees defenses were proportionate. This excludes the use of a firearm against a nonviolent person, for example.
• The response came at the time of the attack, not after. This excludes an attempt.
So the question is: is self-defense more flexible for the police? According to Ouest France, citing a report by the Law Committee of the Senate in 2013, the law "takes into account the constraints" of the police and gendarmes and protects. The report stated that some police officers used their weapons had been convicted.
• Employees defenses were proportionate. This excludes the use of a firearm against a nonviolent person, for example.
• The response came at the time of the attack, not after. This excludes an attempt.
So the question is: is self-defense more flexible for the police? According to Ouest France, citing a report by the Law Committee of the Senate in 2013, the law "takes into account the constraints" of the police and gendarmes and protects. The report stated that some police officers used their weapons had been convicted.
Towards new reforms.
Facing the challenge of the police, the Interior Minister Bernard Cazeneuve promised that "the issue of self-defense, the debate (should) must go to completion." The right is in favor of aligning the police regime with that of the police claimed by the Alliance union. As a soldier, they can use their weapons when they are attacked or threatened by armed individuals, to "defend" an area they occupy, if repeated summonses remain ineffective or even to immobilize vehicles.
A topic that is controversial as some fear that self-defense does not become a "license to kill".
Facing the challenge of the police, the Interior Minister Bernard Cazeneuve promised that "the issue of self-defense, the debate (should) must go to completion." The right is in favor of aligning the police regime with that of the police claimed by the Alliance union. As a soldier, they can use their weapons when they are attacked or threatened by armed individuals, to "defend" an area they occupy, if repeated summonses remain ineffective or even to immobilize vehicles.
A topic that is controversial as some fear that self-defense does not become a "license to kill".
SAISI
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