The Assembly on Tuesday seizes a bill which modifies the regime of penal irresponsibility, in connection with the Sarah Halimi affair, and carries a series of measures on security.
The National Assembly tackles Tuesday, September 21 a bill which changes the regime of penal irresponsibility, in connection with the Sarah Halimi affair, and carries a series of measures on security, making the regal a priority for the resumption of work parliamentarians. On the menu until Thursday at first reading, with some 400 amendments on the menu, this bill led by ministers Eric Dupond-Moretti (Justice) and Gérald Darmanin (Interior) is supported on the right but pointed to by the left as a “Umpteenth text on internal security”, not able to “to strengthen the ties” law enforcement agencies with citizens.
Examined seven months before the presidential election, it is not the translation of Emmanuel Macron’s announcements last Tuesday at the conclusion of the Beauvau de la sécurité, this vast consultation launched in early 2021. From the increased presence of the police on the ground to the complaint online, these announcements will be the subject of a text in early 2022 which will not have time to be voted on under this five-year term and draws a program for the presidential election.
As a “catch-up session” before the gallop of 2022, as tackled Antoine Savignat (LR), the deputies put back on Tuesday on the job the subject “totem” of penal irresponsibility. It was an order in April from the Head of State, after the strong emotion at the lack of trial in the case of Sarah Halimi, a Jewish sexagenarian killed by a neighbor, a cannabis user, in the throes of a “Delusional puff”, according to psychiatric experts, and declared irresponsible.
A “complex balance”
To answer it, the government maintains the general rule according to which “we do not judge the fools” but adds two exceptions. It is first of all a question of repressing the fact that a person has consumed psychoactive products, such as narcotics or alcohol, knowing that this could lead to violence or homicide for which he has been declared irresponsible. . Thereby “It is not a question of repressing the act committed but the voluntary absorption of psychotropic drugs”, summarizes the Keeper of the Seals, who claims to have “Widely consulted” a price “Infinite precautions”.
Another exception “Very limited” to penal irresponsibility, unrelated to the Halimi affair: when the abolition of discernment results from the close consumption of psychotropic drugs with the aim of committing an offense. This is intended to apply, for example, to terrorists who will “Get brutish just before their forfeit to make sure not to back down”, according to co-rapporteur Naïma Moutchou (LREM).
Right and left, even some in the majority, however, have doubts about the possibility of meeting these conditions and warn against the fact of “Legislate under the influence of emotion”. LFI elected officials even fear that the text will“Opens the way to a crackdown on psychiatric disorders” – what the minister rejects. Various amendments could refine the device. Declarations of criminal irresponsibility remain few in France: 58 cases in 2019, 80 in 2018 and 68 in 2017, according to the Chancellery.
To this sensitive aspect of the bill, the government has added a host of provisions “Expected by the security forces” according to the Minister Delegate for the Interior Marlène Schiappa, while the executive intends to strengthen its sovereign balance sheet before the presidential election. Thus, violence against these agents or their families will be more severely repressed, the fight against motorized rodeos or refusals to comply strengthened, as will the control of gun owners.
In addition, the executive returns to the charge to authorize the video recordings in the premises of police custody, as well as the drones and cameras on board the vehicles of the police. These measures of the Global Security Act were censored in May by the Constitutional Council for lack of sufficient guarantees in terms of respect for private life. According to the co-rapporteur Jean-Michel Mis (LREM), this time “Complex equilibrium” Come in “efficiency” and “Respect for public freedoms” is reached.
The left pins a government “bad player” and overall believes that «l’accumulation» of measures under this five-year period “Does not give consistency, quality and efficiency”, believes Marie-George Buffet (PCF). The right applauds the new measures, while its contenders for the Élysée, from Xavier Bertrand to Eric Ciotti, storm proposals on security, their favorite field.