fines, flagrante delicto and difficulty of arrest… What does the law say?

In recent weeks, several urban rodeos have led to dramas. In Marseille, a 19-year-old man died when he lost control of his motorbike; in Pontoise in the Val d’Oise, a 7-year-old girl was seriously injured after being hit. Finally, in the Haut-Rhin in Colmar, a 27-year-old Afghan was shot dead on the sidelines of an urban rodeo on Sunday August 14.

the Interior Minister Gérald Darmanin announced it on Twitter: in response to the rodeos reported in recent days, he promises tighter controls with “three anti-rodeo operations a day in each police station”. But one question remains unanswered: what can the police do in the face of these raids, often on motorcycles, in urban areas?

Since the law of August 3, 2018, the practice of urban rodeo is no longer considered an offense, but a misdemeanor. This means that the sentences handed down can be heavier: up to a year in prison and a fine of 15,000 euros. The penalties can even be increased up to 5 years imprisonment and a fine of 75,000 euros in the event of collective practice, or if the driver is driving without a license or under the influence of alcohol or narcotics. Those convicted also risk losing their license and having their two-wheelers confiscated.

Since the creation of this law, four years ago, convictions have increased: around fifty in 2018, more than 400 in 2019 and nearly 600 in 2020. The figure even rises to 1,400 sanctions taken in 2021.

For part of the opposition, this law has shortcomings: indeed, the police do not have the right to carry out arrests in flagrante delicto or chases. In a report evaluating the law, published last year, two deputies pointed out that interventions in flagrante delicto are “almost impossible” for the police: they point out the difficulty of arresting a two-wheeler going at full speed or which can quickly increase in power, while at the same time ensuring the safety of the pedestrians who are around, the security forces the order and the driver of the motorcycle.

Consequently, the gendarmes and the police are instructed not to prosecute except in the event of serious offences. For example, if the authors of the rodeo are “likely to endanger the life of others” or if they are armed. Apart from these specific cases, the instruction is rather to raise the license plate for a posteriori arrest, which will obviously be less risky than an intervention in the heat of the moment.

“If the chief asks for it, the services will apply it”reacted on franceinfo Jérôme Moisant, the secretary general of the police union SGP-Police FO, about the measures announced by Gérald Darmanin.

The trade unionist, however, noted that “in difficult neighborhoods”urban rodeos are already “the first of the colleagues’ missions from the end of the afternoon”adding that “Police have been hunting urban rodeos for years and are aware of the risks involved.” A media frenzy around this phenomenon which is not new, “but it’s true that he tends to export himself outside of these difficult neighborhoods”he admitted.


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