He returned today to Nice on insecurity and delinquency

Just a month ago, Nicolas Sarkozy made a speech at Gagny on the fight against the violent bands. He returned today to Nice on insecurity and delinquency. A subject which the head of State is familiar and on which it is very uncomfortable. To the point of sometimes do a little too much This is in any case have him allege that, in addition to the opposition, several unions of magistrates and police, who consider the legal arsenal sufficient. For Virginia Valton, Secretary General of the USM main Union of magistrates, "the measures announced in Gagny are purely electoral." "It is political communication because most of the new offences in question are already included in the Penal Code and were introduced by Sarkozy himself with the law of March 7, 2007".

A a close detail

Example, the main jeopardy, in the proposed Act entrusted to Christian Estrosi, membership in a band "Prosecutor the purpose to commit voluntary abuses against the people", is very close to the offence of criminal association defined by article 450-1 of the Penal Code. A a close detail: the association of criminals act is applicable only for an offence punished in addition to five years ' imprisonment. The new text the back three years, including for voluntary violence resulting in a disability of less than eight days.

Another measure: the protection of teachers and schools. Nicolas Sarkozy wants that "violence committed on a National Education Officer are to the future of the aggravating circumstances". Or section 222 of the Penal Code is aggravating circumstances for "any person charged with a mission of public service", which is a priori the case of a teacher. Change, however, on "intrusion without security clearance in a school", which would be liable to a criminal offence and not a simple violation as it is today.

"The difficulty of this policy is that it creates or unnecessary offences as redundant, be very difficult to apply provisions," judge Virginia Valeton. Example: the offence to the groupings in the lobbies of buildings created in 2003 by Nicolas Sarkozy, then Minister of the Interior. According to the police unions, very few prosecutions are engaged as such because it is difficult to bring together the elements of the offence, in contradiction with the freedom to come together.

The right instrument

Same problem for the prohibition of the port of Balaclava, which the Decree was passed week last to the Prime Minister. "Insofar as it's a violation, and not a crime, persons can not be stopped on the highway." But how to make a breach in the middle of a demonstration ", said a police officer.

"Crime is evolving, must be that the laws are also evolving," justify to the Ministry of Justice. A logic that led to amend the Penal Code since 2002 more than 40 times. Is this the right instrument "For the moment, it is not the beneficial effect of laws Sarkozy", says sociologist and specialist in delinquency Sebastian conservation, which decrypts: overall, "the France following the same trend as the other European countries" (decline in attacks on property, but increase in physical violence), except for a domain, "the riots and attacks against the police, not found in our neighbours." And see "evidence" that in seven years "the situation in the suburbs has not improved".