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Presumption of self-defence: a legal concept with a strong political content

7/25/2023, 6:22:42 PM

Highlights: The riots and, in their wake, the controversies over police violence and the rising police revolt, revived the idea of a presumption of self-defense for the police. The proposal is however not very popular in the left-wing or apolitical judiciary, such as the Union syndicale de la magistrature. The only discordant voice is that of Unité Magistrats, which defends a simple presumption "which would have the merit of changing the software of magistrates" Those who advocate such a legislative reform believe that the current political and social context will make it possible to achieve this.


DECRYPTION - This notion resurfaces after the words of Frédéric Veaux, who estimated that "before a possible trial, a police officer has no place in prison".

A political posture rather than a legal gesture. The riots and, in their wake, the controversies over police violence and the rising police revolt, revived the idea of a presumption of self-defense for the police. Stemming from the National Rally and Reconquest!, the proposal is however not very popular in the left-wing or apolitical judiciary, such as the Union syndicale de la magistrature.

The only discordant voice is that of Unité Magistrats, which defends a simple presumption "which would have the merit of changing the software of magistrates" as stated by its president, Béatrice Brugère. Thus, "the burden of proof would fall on prosecutors and victims who would have to show how the use of their weapon was illegal". The offending police officers would no longer be required to justify that they acted as they should in the course of their duties.

" READ ALSO "It put us the demon ...": in Marseille, the anger of the police does not weaken

Those who advocate such a legislative reform believe that the current political and social context will make it possible to achieve this.

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