Insult
What does the law say? Insult is defined by the law of July 29 on freedom of the press of 1881 as “Any outrageous expression, term of contempt or invective that does not contain the imputation of any fact” (art. 29 para. 2). Thus, unlike defamation, insult does not impute a specific fact to a […]
Enrollment in Private Higher Education
Upon her enrollment in a private higher education institution, Nawel is informed that it is conditional on removing her headscarf, in application of the principle of secularism. Private higher education encompasses institutions with very diverse statuses: private high schools offering higher technical sections (STS) or preparatory classes for grandes écoles (CPGE); non-profit organizations, governed by […]
Online Hate
What does the law say? What is Hateful Content? Although freedom of expression is a precious fundamental freedom (Cons. const. 11 Oct. 1984, Press Companies, No. 84-181 DC), the legislature has come to punish abuses of the exercise of this freedom. These abuses are common on the Internet and are found in what is called […]
The Journey of a Complaint
The criminal procedure in France takes place in several stages: Filing of the complaint Judicial investigation Hearing (trial) The police investigation The filing of a simple complaint initiates an investigation entrusted to the judicial police, which must verify the existence of an offense. If the complaint has been filed at the police station or gendarmerie, […]
Parental Authority
What is Parental Authority? Although minors have legal personality, they do not have the capacity to exercise their rights. Thus, they must not only be protected but also represented. The LAW No. 2002-305 of March 4, 2002, regarding parental authority establishes the framework for the principle of exercising parental authority by parents. The concept of […]
Police Custody
Sofiane, a high school student, was placed in police custody for not respecting the minute of silence organized by his school. His mother wonders what risks he faces, what will happen, and what his rights are. What is police custody? Police custody is a coercive measure decided by a judicial police officer, either on their […]
The Rights Defender
What is the Rights Defender? The Rights Defender is an independent state institution created in 2011 and enshrined in the Constitution: ‘The Rights Defender ensures respect for rights and freedoms’ (Art. 71-1 of the Constitution). The Rights Defender was born from the merger of four institutions: the Ombudsman of the Republic, the Children’s Defender, the […]
Time Limits and Statute of Limitations in Criminal Matters
Definition Statute of limitations refers to the period beyond which a legal action, civil or criminal, is no longer admissible. It can apply to real or personal rights, movable or immovable property. The statute of limitations is a principle with constitutional value whose rules fall within the legislative competence (art. 34 Constitution; Constitutional Council No. […]
Fasting and Work
Ayoub fasts during the month of Ramadan. Instead of going to lunch with his colleagues as he does the rest of the year, he uses his lunch break to rest in his office. His employer criticizes him for isolating himself and no longer participating in company lunches. Can Ayoub be criticized for fasting? What does […]
The Right of Reply
What does the law say? The right of reply allows a person named or designated in a public communication (written press, radio, television) to make their point of view known via the same communication medium. The right of reply is a general and absolute principle (Court of Cassation civ. 1, June 27, 2018, n°17-21.823). There […]