Protest movement spreads nationwide

A student-led protest movement that started in Île-de-France in mid-September has grown to involve the entire country, with the Interior Ministry reporting nearly 2,000 arrests.

Criticism of police violence raised

During a debate between Manuel Bompard and Édouard Geffray, the latter, who coordinates La France insoumise, criticized the reported use of excessive force by police during the protests. He accused the government of condoning violence.

Minister explains legal definition of violence

The minister of Education clarified that in criminal law, violence requires both an act and an intention. He stated that the government had no intention of using violence, citing orders from the Interior Minister for "very great proportionality" in police actions.

Legal nuance on intent and liability

While the minister is right that intentional violence is a crime, the required intention is minimal—only the awareness and will to perform the act. The motive, whether to harm or maintain order, does not affect the legal definition. This was emphasized in a previous case involving a police officer who struck a young man during a protest.

Voluntary acts and legal consequences

Actions like baton strikes, charges, or tear gas use are always voluntary. Even without intent, injuries caused can be punished under involuntary offenses in the penal code. The legal responsibility lies with the individual officer, not the government, which cannot be held criminally liable.

Proportionality does not eliminate intent

The minister's argument that proportionality orders prove no intent is flawed. Proportionality is a condition for using force without sanction, but it also implies that force will be used voluntarily. Emphasizing the age of minors, which the minister highlights, may actually increase scrutiny rather than reduce it.

State liability and necessary force

On an administrative level, the State can be held liable for police actions without proving intent, especially in cases involving gatherings. The legal issue is not whether the government "wanted" the violence, but whether each use of force was necessary and proportionate, a matter for ongoing investigations and judicial review.