International Journal on Criminology
the Penal Code was thus first created to punish attacks , ambushes , or any violence committed in groups against public officials . Secondly , the new article 222-15-1 was created to punish the crime of ambush : ambush being “ the act of waiting for a certain time and in a certain place for an official of the national police , a member of the Gendarmerie , a member of the prison administration or any other agent of public authority , as well as a civil or military firefighter or an agent operating a public passenger transport network , with the aim , characterized by one or more material facts , of committing violence against him / her , in the exercise of his / her duties or mission , with the use or threat of a weapon .” This provision is also valid for persons who are not guardians of public authority for the crime of ambush . Finally , the legislator intervened to complete the provisions of the penal code with regard to violent gangs by introducing the crime of participation in a violent gang which is “ the fact that a person knowingly participates in a group , even temporarily , for the preparation , characterized by one or more material facts , of voluntary violence against persons or destruction or damage to property is punishable by one year imprisonment and a fine of 15,000 €.”
In addition to these provisions on gatherings , the decree of June 19 , 2009 introduced Article R . 645-14 of the penal code prohibiting “ the fact that a person , within or in the immediate vicinity of a demonstration on the public highway , voluntarily conceals his face in order not to be identified in circumstances that give rise to fears of public order violations .” The French lawyers ’ and secondary school teachers ’ unions attacked the decree of June 19 , 2009 , which incorporated Article R . 645-14 , on the grounds that the penalty for concealing a person ’ s face would violate the freedoms of expression and assembly , which are respectively enshrined in § 2 of Article 10 and § 2 of Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ( ECHR ). The judge relied on public safety as a possible condition for restricting public freedoms and rejected the application , considering that “ the provisions of the contested decree require that each contravention can only result from the establishment of the facts before the judge , without at any time the finding of the offence in the report being able to presume the qualification adopted by the judicial authority .”
Similarly , concealment of the face may become an aggravating circumstance when violence has caused an incapacity to work of less than or equal to eight days , or more than eight days . But is this provision really applied ? From theory to practice , there is a significant gap . Even though Redouane Faïd was arrested , he was able to move around with his face completely covered without any problem . Here again , however , it would seem that a covered face is more easily punished in political matters than in religious matters . This is why , in Northern Europe , hooligans who were forbidden to travel with their faces covered , came to the stadium with their faces completely hidden by a burqa .
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