The National Assembly adopted the “Global Security” bill at first reading on Tuesday 24 November.
388 votes in favor, 104 against.
This law unleashes opposition even in the majority.
Saturday, November 28, all over France, more than 130,000 people gathered to oppose this bill.
To read also: Guillaume Tabard: "Bill" global security ", the executive challenged on the ground of its authority"
The “Global Security” law intends to better articulate the action of security actors, in a “global” perspective.
It therefore strengthens the prerogatives of the national police, private security agents who collaborate with the State or even SNCF or RATP agents.
Most of the opposition crystallized on article 24, which intends to fight against the dissemination of images of the police for the purposes of threat or harassment.
However, the project from afar includes other measures likely to transform the face of the police and security in France.
Here are the main articles of this law.
Article 24 and dissemination of images of police officers
It is the most controversial article in the text.
He intends to modify the law on the freedom of the press of 1881, by adding an article to paragraph 3 of chapter IV.
Read also: Article 24: these legal texts which already protect citizens and police
"
Is punished by one year of imprisonment and a fine of 45,000 euros for disseminating, by any means whatsoever and whatever the medium, with the aim of harming his physical integrity or psychic, the image of the face or any other element of identification of an agent of the national police or of the national gendarmerie other than his individual identification number when acting within the framework of a police operation
" , is it written.
This measure responds to a long-standing request from the police unions who warn about threats against police officers because of their profession.
However, if it is up to the judges to decide whether or not the images broadcast "undermine [the] physical or mental integrity" of the official, the arrest and possible custody which will result will remain at the discretion of the officials. the police themselves.
Faced with protests from the press, which sees it as an attack on freedom of expression, the expression "without prejudice to the right to inform" has been added.
But faced with the persistence of criticism, Prime Minister Jean Castex announced Tuesday, November 24 that he would himself seize the Constitutional Council on this article.
Two days later, on Thursday, November 26, the Prime Minister announced the installation of an independent commission to rewrite this controversial article.
But Monday 30, its future as such was uncertain, the boss of LREM deputies Christophe Castaner announcing his rewriting.
Articles 1 to 6: more power for the municipal police
The
items 1 to 6
of the law concern the extension of the powers granted to the municipal police.
For a period of three years and on an experimental basis, the municipal police (when it is made up of more than twenty agents and a director or a department head) may thus be endowed with the powers of judicial police or maintenance of order.
Read also: “Global security”: the future of the municipal police under debate in the National Assembly
The municipal police could thus intervene for offenses such as drunkenness on the public highway, street vendors, driving without a license, squats in building halls, tags or even the illegal occupation of municipal land. .
It could still be deployed to supervise sporting or cultural events.
On the other hand, the arming of the municipal police is not provided for by this law, although this measure appears in the report on which it is based.
The National Consultative Commission for Human Rights has expressed reservations about this “
transfer of judicial police powers to municipal police officers
”.
It emphasizes that the municipal police are placed under the authority of the mayor, while the national police “
acts under the direction, control and supervision of the judicial authority
”.
Articles 20, 21, 22: drones, pedestrian cameras and video surveillance
The
section 20
provides a wider access to the images from CCTV cameras.
Municipal police officers, those of the city of Paris in charge of a police service, controllers from the police headquarters, or agents of RATP and SNCF.
Municipal police officers will now be able to view the images filmed around shops or in the halls of buildings.
Likewise, RATP or SNCF agents will be able to have access to these images, but only “
when they are assigned to information and command rooms under the State and under the control of agents of the national police or soldiers of the national gendarmerie
”.
The
Article 21
specifies that the images of the pedestrian cameras - whose use must be generalized in 2021 - will also be watched live from the police command post, for two reasons.
First, "
when the safety of the agents of the national police or the soldiers of the national gendarmerie or the safety of goods and people is threatened
".
Then, "
in the context of legal proceedings or an intervention
".
The
Article 22
intends to regulate the use of drone to broaden its use.
Until now, the use of drones was not subject to any legal framework.
The law provides for nine areas of application:
securing gatherings of people when the circumstances give rise to fear of serious disturbances to public order.
Prevention of acts of terrorism.
The finding of offenses and the prosecution of their perpetrators by collecting evidence.
The protection of public buildings and installations and their surroundings.
The safeguard of installations useful for national defense.
Regulation of transport flows.
Surveillance of coastlines and border areas.
Help to people.
The training and education of agents
The law provides that "
the public
[must be]
informed by any appropriate means of the implementation of airborne image capture devices and of the responsible authority
".
Article 23: end of the reduction of sentences for their perpetrators of violence against the police, soldiers, firefighters, elected officials
Article 23 removes the possibility of automatic reduction of sentence provided by law to persons guilty of "prejudice to a person invested with a public elective mandate, a soldier of the national gendarmerie, a police officer national or a professional or voluntary firefighter ”.
This is indeed the automatic reduction of sentence, provided for by article 721 of the Code of Criminal Procedure.
This article provides for an automatic reduction of the sentence depending on the length of the sentence.
Penalty reductions for good behavior therefore remain possible.
In the event of misconduct, these automatic reductions in sentence may be reduced.
Article 25: the authorization to carry his service weapon in establishments open to the public
Article 25 intends to authorize police officers to go armed to establishments open to the public.
Until today, police officers are authorized to carry their official weapon outside their service, but not within the confines of an establishment open to the public.
This position was vigorously defended by the former boss of the Raid, now LREM deputy Jean-Michel Fauvergue, who recalled during the debates in the National Assembly that on the evening of the Bataclan attack, three police officers were present in the room.
Still, this article of law gives rise to fears of slippages.
"
With a weapon that one drops in a nightclub, one can create panic
", argued LREM deputy Sacha Houlié.