Tuesday, July 2, 2013

"Incitement to racial hatred" that really risk Marine Le Pen?

One step closer to the criminal court for Marine Le Pen . The European Parliament has indeed accepted, Tuesday, July 2, to lift the parliamentary immunity of MEP extreme right following a request from the French Chancery in November 2012.
The Justice French wishes to effect the hearing within a investigation opened by the prosecutor of Lyon preliminary "inciting racial hatred" after a complaint filed by the Movement against Racism and for Friendship among Peoples (MRAP). The association condemns statements held by M me Le Pen on 10 December 2010 in Lyon.

Before members of the National Front , which was then a candidate for the presidency of the FN was then compared the street prayers of Muslims to the German occupation during World War II.

"I'm sorry, but for those who like a lot about the Second World War, it is about occupation, we could talk , for once. It is an occupation of swathes of territory. course there are no tanks, there are no soldiers but it weighs on people. "

On 18 June of the same year, she had raised the same prayers by saying that "clearly, as in 1940, some believe they have in France in 2010 as an army of occupation in a conquered country " .


About the Marine Le Pen will be worth it as long a sentence? "Legally, the term 'occupation' is not necessarily inappropriate" says indeed criminal lawyer Gregory Kagan, who believes that this could be a line Defence lawyers for M me Le Pen. In administrative law, an unauthorized demonstration by the prefecture is indeed referred to as "an illegal occupation of the public domain" .

"So there may be debate in court, which would then become a political forum " for M me the Pen says M e Kagan. S could ' follow a trial on appeal, even before the European Court of Human Rights (ECHR). The president of FN could indeed invoke before the last of the "attacks on his freedom of speech" . Before the waiver of immunity, she had said Monday on LCI we wanted the blame for a "thought crime".

For the head of the legal department of the MRAP, Bernard Schmid , it is nevertheless a "trivialization" implicit crimes against humanity committed during the Second World War . "The Nazi occupation was not only land, but also the deportations, murders ..." , he says. Where the complaint filed by the association, which denounces "incitement to racial hatred against a demonized by a parallel implied with the Nazi occupation group" . For Mr. Schmid, Muslims are explicitly referred to in the words of Marine Le Pen. As proof, he says, "we did not hear the prayers of Catholics organized by Civitas Street in anti-motion marriage for all " .


If M me Le Pen would eventually be condemned, as desired by the MRAP provocation "to discrimination, hatred or violence against a person or group of persons because (.. .) they belong to a specific "religion, it may theoretically up to one year imprisonment with or not 45 000 fine, according to Article 24 of the 1881 Act . Without counting the possible additional penalties, such as loss of civil rights or a penalty of ineligibility.

A conviction for defamation or insult "to a person or group of persons because of their origin or their membership or non-membership of an ethnic group, nation, race or religion" would be less burdensome (Six months imprisonment and a fine of € 22,500).

In fact, Marine Le Pen "does not risk much" , says M e Kagan, who recalls that the criminal court ruling on personal conviction, doubt always benefit the accused. The side of the MRAP, we agree: "It is obviously not the maximum penalty will bail" concedes Mr. Schmid.

As a reminder, and as a comparison, Jean-Marie Le Pen was convicted in 2005 by the Court of Appeal of Paris to 10,000 euro fine for incitement to racial hatred.

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