A circular sent to prosecutors to sanction violence more strongly for “non-respect of a religious practice”

The government wants to sanction violence linked to religion more quickly and strongly as the tragedies have multiplied in recent weeks. The Minister of Justice Éric Dupond-Moretti has just signed a circular to this effect which was sent on Monday April 29 to prosecutors. The setting to music of what was announced by the Prime Minister ten days earlier on BFMTV and after the death of Shemseddine, a teenager beaten up in front of his college in Viry-Chatillon (Essonne).

Concretely, Éric Dupond-Moretti therefore asks the prosecution to take into account an aggravating circumstance in the event of violence linked to religious practice. This is a novelty because the aggravating circumstance already exists in terms of aggression linked to belonging or not to a religion. But the objective now is to use it when the violence is linked to the way in which religion is practiced in the eyes of the aggressor. For example: clothing, an unworn or poorly worn veil or even the way of following Ramadan. Circular “in a separatist context and attacks on secularism”, specifies the text.

A promise of firm and rapid criminal response

In the government’s crosshairs, there is in particular the pressure exerted on health personnel to establish virginity certificates or the violence, threats or intimidation against people participating in a public service mission. Éric Dupond-Moretti thus promises a firm and rapid criminal response, thanks to a systematic referral before a magistrate following police custody to decide on an immediate appearance or a judicial review pending trial. The executive wants to avoid dismissals in these cases of violence or threats, particularly at school or in public spaces.

In certain cases, the use of this aggravating circumstance can make it possible to move from a simple fine to an offense judged before a criminal court. This is the case, for example, of violence with incapacity for work of less than eight days, while the Minister of Justice also encourages prosecutors to meet more with representatives of religions, such as regular meetings organized with prefects and local elected officials. , law enforcement or representatives of National Education. To better detect possible signs of radicalization and prevent attacks linked to religious practice.