Decision n° 2017-693 priority matter of constitutionality, March 2, 2018
- 2018
- France
Topics
Membership in a terrorist organisation Terrorism propaganda Terrorism financing Public securityLegal bases
France: Code of Criminal Procedure (Code de procédure pénale) France: Declaration of the Rights of Man and of the Citizen of 1789 (Déclaration des droits de l’homme et du citoyen de 1789)Courts
Constitutional Council (Conseil constitutionnel), FranceLaws
Freedom of ExpressionFacts
An NGO, Association de la Presse Judiciaire, sets out a priority matter of constitutionality relating to Article 11 of the Code of Criminal Procedure, in its wording resulting from Act No. 2000-516 of 15 June 2000 and Article 56 of the same Code, in its wording resulting from Act No. 2016-731 of 3 June 2016 strengthening the fight against organized crime, terrorism and their financing, and improving the effectiveness and guarantees of criminal proceedings.
Legal grounds
The first paragraph of Article 11 of the Code of Criminal Procedure establishes the principle of the investigation secrecy. According to the Association of the Judicial Press, these provisions violate free speech, normally protected by Article 11 of the 1789 Declaration of the Rights of Man and of the Citizen.
Findings
The Constitutional Council considers that the infringement of the exercise of free speech resulting from the contested provisions is necessary, appropriate and proportionate to the aim pursued. The Council concludes these provisions are in conformity with the Constitution. It also notes that the legislator is not prohibited from authorizing the recording by a third party of sound and image at certain stages of the investigation and investigation under conditions guaranteeing compliance with constitutional requirements.