An investigation was opened after the seizure of 72 firearms and more than 3,000 rounds of ammunition from the actor’s home. The regulations on the possession of weapons are very strict in France, but there are different scenarios.
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A real arsenal. 72 firearms and more than 3,000 rounds of ammunition were seized on Thursday February 22 during a search of Alain Delon’s property, in Douchy-Montcorbon (Loiret). The actor does not “did not have any authorization to possess a firearm”, declared the public prosecutor of Montargis. An investigation has been opened for illegal possession of weapons, acquisition and illegal possession of category A, B and C weapons. But what does the actor actually risk in the event of prosecution?
French law strictly regulates the possession of weapons by a person. The rules vary according to the category, which goes from A to D. Category A includes weapons of war, B brings together weapons carried mainly by the police, C concerns among others those used for hunting and sports shooting.
According to article 222-52 of the Penal Code, the illegal possession of category A or B weapons or ammunition is punishable by five years’ imprisonment and a fine of 75,000 euros. A sentence which can be increased to ten years in prison and a fine of 500,000 euros in the event of complicity with another person. For category C, the law provides for a sentence of two years in prison and a fine of 30,000 euros.“These are maximum sentences”, recalls Jean-Yves Maréchal, professor of law at the University of Lille. And the “deposit of weapons, acquisition and illegal possession” cannot lead to three separate convictions, even if several of these offenses are ultimately convicted. Likewise, the possession of weapons of several categories does not increase the penalties incurred.
The judge’s assessment may vary depending on the type of weapon.
Once the preliminary investigation is completed, the prosecutor can decide whether or not to prosecute the actor in criminal court. But the question is “if we are in a position to judge Alain Delon”, believes the law professor, raising the possibility that the prosecutor will request “a psychiatric expertise”, while Alain Delon’s state of health is precisely at the heart of a legal battle between his children. Furthermore, the prosecutor may decide to prosecute other people, who could also be considered to have illegal weapons in the actor’s home.
If a judgment must take place in correctional court, “the judge’s assessment can be very different if, for example, the category A weapon is a recent purchase, which could come from trafficking, or if it is an old war weapon inherited from grandparents”, notes Nicolas Crécy, criminal lawyer. But according to him, in the case of a conviction, “there is a high chance that weapons will be destroyed, whatever the category”in continuation of the national weapons collection organized by the State in 2022. The prefect can then decide to register Alain Delon in the National File of persons prohibited from acquiring and possessing weapons (Finiada).