DECREE OF JUNE 30, 2011 RELATING TO THE USE OF FORCE FOR THE MAINTENANCE OF PUBLIC ORDER
LexInter | September 15, 2013 | 0 Comments

DECREE OF JUNE 30, 2011 RELATING TO THE USE OF FORCE FOR THE MAINTENANCE OF PUBLIC ORDER

Decree No. 2011-794 of June 30, 2011 relating to the use of force for the maintenance of public order

Public concerned: central administrations of the ministries of the interior and of defense, representatives of the State, soldiers and officials in charge of public order maintenance missions.
Subject: modification of the legal regime relating to the dispersal of assemblies.
Entry into force: immediate.
Notice: in application of the law n ° 2009-971 of August 3, 2009 relating to the national gendarmerie which abolished the requisition with regard to the national gendarmerie, this decree specifies the methods of use of the force and the conditions use of firearms for the maintenance of public order.
He recalls that the use of force by representatives of the police force is subject to absolute necessity and to an express order from the authorities empowered to decide. This order must be transmitted by any means allowing its materiality and traceability to be ensured.
In addition, it completes the list of authorities that can decide on the use of force for the maintenance of public order by adding the group and company commanders of the departmental gendarmerie.
It defines the categories of weapons that can be used for the maintenance of public order, by laying down the principle of a gradation corresponding to the seriousness of the situations set out by thearticle 431-3 of the penal code .
Finally, this decree defines the specific military means of the national gendarmerie likely to be used for the maintenance of order. Their use is only possible in the event of serious disturbances to public order. It is subject to authorization from the Prime Minister or the prefect of the defense and security zone.
References: the texts modified by this decree can be consulted, in their wording resulting from this modification, on the Légifrance site.
The Prime Minister,
On the report of the Minister of the Interior, Overseas,
Having regard to the penal code , in particular its article 431-3;
Having regard to the Defense Code , in particular its article L. 1321-1;
Considering the decree n ° 95-589 of May 6, 1995 modified relating to the application of the decree of April 18, 1939 fixing the regime of the materials of war, arms and ammunition;
Considering the decree n ° 2004-374 of April 29, 2004 modified relating to the powers of the prefects, the organization and the action of the services of the State in the regions and departments, in particular its articles 11 and 43;
Considering decree n ° 2007-422 of March 23, 2007amended relating to the powers of the High Commissioner of the Republic, to the organization and action of State services in French Polynesia, in particular Articles 3 and 33;
Considering the decree n ° 2007-423 of March 23, 2007 modified relating to the powers of the High Commissioner of the Republic, the organization and the action of the State services in New Caledonia, in particular its articles 3 and 32 ;
Considering the decree n ° 2009-898 of July 24, 2009 relating to the territorial competence of certain directions and certain services of the prefecture of police;
Considering decree n ° 2009-906 of July 24, 2009relating to the powers of the State representative, to the organization and action of the State services in Saint-Barthélemy and Saint-Martin;
Having regard to the opinion of the government of French Polynesia dated April 21, 2010;
Having regard to the opinion of the Government of New Caledonia dated May 4, 2010;
Considering the opinion of the regional council of Reunion dated May 25, 2010;
Having regard to the referral to the General Council of Guyana on April 1, 2010;
Having regard to the referral to the Guyana Regional Council dated April 1, 2010;
Having regard to the referral to the Martinique Regional Council dated April 1, 2010;
Having regard to the referral to the Martinique General Council on April 1, 2010;
Having regard to the referral to the territorial council of Saint-Barthélemy on April 1, 2010;
Having regard to the referral to the territorial council of Saint-Martin on April 1, 2010;
Having regard to the referral to the Territorial Council of Saint-Pierre-et-Miquelon on April 1, 2010;
Having regard to the referral to the General Council of Mayotte on April 2, 2010;
Having regard to the referral to the General Council of Guadeloupe on April 6, 2010;
Having regard to the referral to the Regional Council of Guadeloupe on April 6, 2010;
Having regard to the referral to the Territorial Assembly of the Wallis and Futuna Islands on April 6, 2010;
Having regard to the referral to the General Council of Reunion on April 7, 2010; Having
heard the Council of State (administration section),
Decrees:

Article 1

In the seventh paragraph of article R. 431-1 of the penal code, after the words: “weapons”, are inserted the words: “mentioned in IV of article R. 431-3”.

Article 2

After article R. 431-2 of the penal code, an article R. 431-3 is created as follows:
“Art. R. 431-3.-I. – The use of force by law enforcement officials is only possible if the circumstances make it absolutely necessary for the maintenance of public order under the conditions defined by article 431-3. The force deployed must be proportionate to the disturbance to be ceased and must end when it has ceased.
“II. – Apart from the two cases provided for in the fourth paragraph of article 431-3, the representatives of the law enforcement agencies may only use firearms for the maintenance of public order on the express order of the authorities empowered to decide on the issue. use of force under the conditions defined in article R. 431-4.
“This order is transmitted by any means allowing its materiality and traceability to be ensured.
“III. – For the armed forces mentioned in 1 ° and 3 ° of Article L. 3211-1 of the Defense Code , the express order mentioned in II takes the form of a special written requisition issued by the authorities mentioned in l ‘article R.
“IV. – Apart from the two cases provided for in the fourth paragraph of article 431-3, the firearms likely to be used for the maintenance of public order are mainly blast grenades and their launchers entering the field of application of article 2 of decree n ° 95-589 of 6 May 1995 and authorized by decree of the Prime Minister.
“V. – Without prejudice to articles 122-5 and 122-7, may be used in the two cases provided for in the fourth paragraph of article 431-3, in addition to the weapons mentioned in IV, 1st and 2nd firearms. 4th category adapted to the maintenance of order corresponding to the conditions of this fourth paragraph, falling within the scope of article 2 of decree n ° 95-589 of May 6, 1995 and authorized by decree of the Prime Minister. “

Article 3

After article R. 431-3 of the penal code, an article R. 431-4 is created as follows:
“Art. R. 431-4.-In the case of assemblies provided for in article 431-3, the prefect or the sub-prefect, the mayor or one of his deputies, the police commissioner, the grouping commander of departmental gendarmerie or, mandated by the prefectural authority, a police commissioner or the district chief police officer or the departmental gendarmerie company commander must be present on the scene in order, if necessary, to decide on the use of force after summons.
“If it does not itself carry out the summons, the civil authority responsible for the use of force appoints a judicial police officer to do so. “

Article 4

After article R. 431-4 of the penal code, an article R. 431-5 is created as follows:
“Art. R. 431-5.-I. – The specific military means of the national gendarmerie likely to be used for the maintenance of order are the armored vehicles of the gendarmerie equipped for the maintenance of order.
“These specific military means can only be engaged in the event of serious disturbances to public order or the risk of such disturbances and after authorization from the Prime Minister.
“II. – The prefect of the defense and security zone in metropolitan France and the representative of the State in the overseas departments or in the overseas communities governed by article 74 of the Constitution and in New Caledonia have competence to authorize the use of specific military means established in the territory of their zone, department or community.
“III. – The authorities empowered to decide on the use of specific military means of the gendarmerie issue a written authorization prior to their employment.
“This authorization indicates the purpose and date of the mission, its foreseeable duration as well as the points, places or geographical areas in which these means will be used. “

Article 5

This decree is applicable throughout the territory of the Republic.

Article 6

Article D. 1321-5 of the Defense Code is repealed.

Article 7

The Minister of Defense and Veterans, the Keeper of the Seals, Minister of Justice and Freedoms, and the Minister of the Interior, Overseas, Territorial Communities and Immigration are each responsible as far as it is concerned, the execution of this decree, which will be published in the Official Journal of the French Republic.

Done June 30, 2011.
Francois Fillon
By the Prime Minister:
The Minister of the Interior,
Overseas Territories, Local Authorities
and Immigration,
Claude Guéant
The Minister of Defense,
and Veterans,
Gérard Longuet
The Keeper of the Seals,
Minister of Justice and Freedoms ,
Michel Mercier

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image