Merchants consider self-defense after looting

Following the damages caused by demonstrations on October 17, several merchants have expressed intentions to arm themselves to prevent future looting. However, the legal distinctions between arming oneself and defending oneself are crucial to understanding the legal implications.

Legal categories for weapons

Arming oneself is not explicitly prohibited, but the type of weapons in question must be considered. The Internal Security Code categorizes weapons into different groups, with Category C weapons requiring a declaration and a medical certificate confirming the individual's physical and mental health.

Availability and restrictions of weapons

Category D weapons, such as batons, electric batons, and tear gas bombs, are freely available for acquisition and possession. However, weapons cannot be kept in stores, as this would constitute irregular possession. Transport of category A, B, or C weapons, and certain category D weapons, is prohibited except for legitimate reasons.

Legal limits on using weapons

Possession of a weapon can be legal, but using it may be illegal. Self-defense against theft in a store is governed by Article 122-5 of the Penal Code. Two situations must be distinguished: self-defense of persons and self-defense of property.

Rules for defending property

In cases where a person is attacked, self-defense justifies an offense "at the same time," but the means of defense must be proportionate to the offense. An attack on life can justify a homicide act, but not an attack on integrity. For self-defense of property, voluntary homicide is never justified.

Strict conditions for property defense

The conditions for self-defense are stricter when defending property compared to life. Self-defense is only valid in the case of an ongoing offense. A previous decision by the Court of Cassation ruled out self-defense in the case of a firearm trap that injured an individual entering a sheepfold. This indicates that self-defense cannot be anticipated, and retaliation must be strictly proportionate in the case of an attack on property.

Legal presumption for self-defense

Article 122-6 of the Penal Code provides a presumption of self-defense for individuals defending against thefts or looting with violence. However, this presumption does not exempt the judge from verifying the existence of self-defense. It does not apply to commercial looting, such as breaking a window, which is not considered an act of violence.

Law enforcers remain responsible

Merchants who retaliate against looting must do so while respecting the principle of self-defense. The law does not prohibit retaliation but does not require heroism either. Maintaining order is the responsibility of professionals.