Fleury-Mérogis prison (illustration).

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Lewis Joly / SIPA

  • Is France in the process of becoming "a dictatorship", without its citizens reacting?

    This is what a viral Facebook post affirms by relaying an article of law deemed to be liberticidal.

  • According to him, this text would allow everyone to be imprisoned without being tried, in the name of health measures linked to the Covid-19 epidemic.

  • If the article is authentic, its interpretation is incorrect, as explained by the Ministry of Justice at

    20 Minutes

    .

“The dictatorship continues to take place amid general indifference!

"," New Monopoly ... You go to jail without going through the judge box ... "," A bill will allow the police to imprison you without going through a judge and that whatever your alleged offense!

You may be "transferred to a prison establishment for the purpose of fighting the Covid-19 epidemic" "...

If this warning is to be believed, relayed in different forms on Facebook and on Twitter, the bill to extend the state of health emergency, introduced to fight against the spread of the coronavirus, would pose a threat of freedoms to all citizens French.

The proof ?

Article 4 ter of the famous text, which provides in particular: “By way of derogation from the first paragraph of article 714 of the code of penal procedure, indicted, accused and accused persons may be assigned to an establishment for penalties.

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A bill will allow the police to imprison you WITHOUT going through a judge, whatever your alleged offense!


You could be "transferred to a prison for the purpose of fighting the # COVID19 epidemic"


Source: https://t.co/W4opldUEf0 pic.twitter.com/UQqqSxL8LA

- Doctor Peter EL BAZE (@PeterbobBaze) November 9, 2020

But also: "Sentenced persons and indicted, accused and accused persons placed in pre-trial detention may, without the prior agreement or opinion of the competent judicial authorities, be imprisoned or transferred to a penal establishment for the purpose of fighting. against the Covid-19 epidemic.

This is immediately reported to the competent judicial authorities who can modify or terminate the transfers decided.

"

This article 4 ter appears in the bill "authorizing the extension of the state of health emergency and providing various measures for managing the health crisis" adopted on November 4, 2010 by the National Assembly - as well as in the version final text adopted on November 7, where these provisions appear in article 12. But the interpretation which is made on social networks is erroneous.

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, the Ministry of Justice indicates that "this article does not at all offer the possibility of imprisoning people without conviction".

“This measure only concerns people for whom there has been a court decision that placed them in pre-trial detention or in prison because they have been convicted.

The idea, within the framework of the management of the health crisis, is to allow the accused persons to be assigned in an establishment for punishment and not only a remand center - and vice versa for the prisoners ”, continues the Chancellery.

As the Ministry of Justice reminds us on its website, France has two main types of penitentiary establishments: 86 remand centers for people placed in pre-trial detention pending trial or sentenced to a sentence not exceeding not 2 years, and 94 institutions for sentences for people sentenced to more than two years in prison.

“The aim of this measure is to allow people to be transferred to another establishment in the event of a particular health problem in one establishment.

It is really the health management of the epidemic in detention, continues the Ministry of Justice to

20 Minutes

.

This offers greater flexibility to the prison administration without requiring the consent of the judicial authority to change the establishment according to the needs of the moment, but the judicial authorities can obviously end these transfers at any time.

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The end of Article 12 indeed specifies that any transfer “is immediately reported to the competent judicial authorities who can modify or terminate the transfers decided.

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