The national assembly unanimous on Thursday February 4 gave the green light to the new offense of “Separatism”, one of the flagship measures of law Project “Reinforcing respect for the principles of the Republic”, wanted by Emmanuel Macron.
On the fourth day of examination of this text which aims radical Islamism, the deputies adopted its article 4 by 130 votes for and 4 abstentions.
It provides for the punishment of five years’ imprisonment and a fine of € 75,000 for any person threatening, violating or intimidating an elected official or an agent of the public service with the aim of totally or partially evading the rules of public services. If the offense is committed by a foreigner, a ban on French territory may be pronounced.
These provisions should make it possible to penalize communitarian pressure and are part of the measures prepared by the government after the assassination last October of the teacher Samuel Paty, who had suffered threats after showing caricatures of Muhammad to his students.
The parliamentarians debated at length the support of agents. They had already added in committee that the administration itself could file a complaint against such threats, violence or intimidation against one of its agents.
Complaint with consent of the victim
Rather than a simple faculty, the Assembly voted this Thursday the obligation of such a complaint by the hierarchical superior, but after the collection of the consent of the victim. “The hierarchy must get involved, we must not leave the public official alone”, argued Cécile Untermaier of the PS group, at the origin of the debate.
“State administrations have the annoying tendency to put dust under the carpet”, added Jean-Christophe Lagarde (UDI), in favor of the obligation of complaint like other elected officials from various sides.
Former manager at the ANPE then at Pôle Emploi, Florence Granjus (LREM) testified to having been attacked twenty years ago in her functions, without daring to file a complaint.
Co-rapporteur Laurence Vichnievsky (MoDem) underlined the desire “Give a strong signal to protect officers”. More ” sometimes “ they do not want there to be a complaint, hence the addition of the need for the victim’s consent.
“We think of Samuel Paty”, ” at worst “ more “There are situations where (the complaint) is not helpful”, also estimated the Minister of Justice Eric Dupond-Moretti, relying on the “Wisdom” of deputies.
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