Having a jihadist video is no longer punishable by law. The Constitutional Council ruled on Friday that the offense of “concealing apology for terrorism”, which punished the mere fact of downloading and possessing videos of Islamist propaganda, was contrary to the Constitution.
"It is a new victory", reacted to AFP Me Patrice Spinosi, the lawyer of the League of the humans right (LDH) and of the applicant, a man condemned to four years of imprisonment for having detained images praising terrorism. “The Court of Cassation was trying to re-establish this offense of consulting terrorist sites by artificial construction. The Constitutional Council has maintained its jurisprudence ”, he welcomed.
One offense, two offenses
This offense was sanctioned by a decision of the Court of Cassation, issued in January. For its detractors, it made it possible to circumvent the unconstitutionality of the offense of "usual" consultation of terrorist sites, censured twice in 2017 by the "Elders".
In a judgment of January 7, the criminal chamber of the Court of Cassation had consecrated the existence of this new offense by combining two offenses, concealment and the defense of terrorism. "The idea is actually quite simple: if you regularly visit sites praising terrorism, you will download the content to a hard drive or to a USB key, so you have - it's stash - one thing which arises from a crime - it is the apology for terrorism ”, underlined at the hearing Me Spinosi, calling to remove a“ legal chimera ”.
Seven to 10 years imprisonment
This new offense punished, as the case may be, with a penalty of five, seven or ten years' imprisonment "the mere fact of holding files or documents praising terrorist acts without detracting from the intention terrorist or receiving the concealer as a constituent element of the offense, ”noted the Constitutional Council.
For the Wise Persons, this offense related to freedom of expression and communication "an interference which is unnecessary, appropriate and proportionate". They therefore formulated a "reservation of interpretation", which amounts to prohibiting this offense.
As it had done in its decisions of February and December 2017 censuring the offense of "usual" consultation of terrorist sites, the Constitutional Council recalls that "the legislation includes a set of criminal offenses other than the contested incrimination and provisions specific criminal procedural measures aimed at preventing the commission of terrorist acts ”.
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- Constitutional Council
- Jihadism
- Terrorism