A new offense listed in the Penal Code? Less than three weeks after the announcement of the President of the Republic evoking measures to fight against school bullying, the National Assembly is considering a bill co-signed by the three majority groups (LREM, MoDem and Agir). The text proposes in particular to include school bullying in the list of offenses.
Almost one in ten students would be the victim of school bullying. Physical or psychological violence that pushes some young people to end their life, as evidenced by several recent dramas that have moved public opinion, in particular the suicide of Chanel, 12, at the end of September in Pas-de-Calais, or that of Dinah, 14, in October, in Haut-Rhin. A scourge which the majority wants to tackle by proposing in particular support and prevention measures. If the bill “represents an expected development”, according to LR deputy Emmanuelle Anthoine, some deputies and associations want this text to go further: 130 amendments have been tabled. Franceinfo summarizes the main points to remember from this text.
School bullying would become a crime in its own right
This is the flagship measure of the bill. This proposes the creation of a specific offense of bullying at school. Until now it was sanctioned by justice under other qualifications, for example as moral harassment. THEthe authors wanted to create a “electroshock necessary”, explains Erwan Balanant, dModem representative of Finistère, at franceinfo. “The idea is to define a prohibition and the penalties that will be incurred give the value of gravity, details the co-editor of the bill. If our children need the confidence and the freedom to learn, to do their learning, they also need managers. “
If this bill is passed, bullying will be punished by three years’ imprisonment and a fine of 45,000 euros when it has not resulted in total incapacity for work (ITT) or if this is less than or equal to eight days, details the text. If the ITT exceeds eight days, the maximum penalty will be five years imprisonment and a fine of 75,000 euros. If the harassment leads the victim to commit suicide or to attempt to do so, the penalty will reach ten years’ imprisonment and a fine of 150,000 euros.
On the opposition side, the Socialist Party warns against a law “emotion”. “We are not in favor of criminalizing minors and increasing repression “, warned the deputy Michèle Victory (PS) during the examination in committee. “We could have created an aggravating circumstance” to the offense of moral harassment, responds Erwan Balanant. But this news “criminal qualification” According to him, it will also make it possible to force digital platforms to integrate the obligation of moderation and regulation of bullying content.
School bullying outside the establishment would be recognized
In order to encompass all possible cases of bullying at school, the offense will also be characterized if the acts were not committed inside or around an educational establishment, since the perpetrators are other students studying or having studied in the same establishment as the victim. “Harassment can indeed frequently result from electronic messages sent to the victim by another student not in the establishment, and outside school hours”, specifies the text.
The bill also recognizes “the fact that school bullying is not just between students” and can also be, in a more rare way, the act of an adult, notes Erwan Balanant.
A school protocol of support would be made compulsory
In its first three articles, the bill deals with prevention and support for victims and perpetrators. “Because the main thing in school bullying is prevention”, notes Erwan Balanant. the The right to protection against this phenomenon is therefore fully recognized and applies to all public and private educational establishments under contract with the State, as well as to Higher Education.
For’ensure the effectiveness of an initial treatment of victims by the medical staff assigned to schools, colleges, high schools and higher education establishments, training, initial or continuing, is planned. Doctors, nurses and school psychologists will be trained in the prevention and care of victims of bullying at school. Likewise, the establishments will have to define, as soon as the law is promulgated, a “support protocol” the victims.
If you are a victim or witness of bullying at school, you can contact 3020, a free and anonymous listening and support number. The 3020 can be contacted from Monday to Friday, except on public holidays, from 9 a.m. to 8 p.m. Monday to Friday and from 9 a.m. to 6 p.m. on Saturday.