The fact of imposing upon others to hide her face in a private space will be objectionable…
In order to condemn the practice of wearing the full veil on the territory of the French republic and to protect women who are victims of constraints, within a few weeks, the law (n°2010-1192) October 11, 2010 will prohibit the concealment of the face in public space. But this law also aims to prohibit and punish the fact that for a person to force a woman to his entourage to conceal his face, including in a private space, notes a circular from the minister of justice of 3 December 2010 for Prosecutors and magistrates. It recalls that article 225-4-10 of the criminal Code provides for any person to impose one or more other persons to conceal their face by threat, violence, coercion, abuse of authority or abuse of power, by reason of their sex, is punishable by one year imprisonment and 30,000 euros fine. Its second paragraph provides that where the fact is committed, to the prejudice of a minor, the penalties are raised to 2 years in prison and a 60,000 euro fine. “The facts are so reprehensible that if the perpetrator of the offence had the intention of concealing the face of others because of his sex,” says the circular. This offence aims to punish the act of forcing a woman to conceal her face, in particular by the wearing of the full veil, namely, the burqa or the niqab. It also participates directly in the interest of the State to combat discrimination against women, which constitute unacceptable infringements of the principle of equality between the sexes, a principle which, as was noted by the constitutional Council is one of the foundations of the law prohibiting the concealment of the face in public space. “If the instigation to conceal the face of others is not motivated by the sex of the person, the new incrimination is not applicable,” specified by the ministry of Justice.
The fact of imposing on others to hide his face must be characterized by threats,violence, constraint, abuse of authority,
The law does not require that the abuse of authority or power emanates from a person having authority of law, which may be, for example, the case of the father or of the mother of the victim. It is sufficient that the author has abused the right of way morality he had, in fact, on the victim, “which may be, for example, the case of the brother, husband or civil partner”. “The fact of imposing upon others to hide her face, is objectionable both in the public and in the private sphere”, adds the ministry of Justice. “The criminal justice response to this type of behavior should be characterized by firmness : the facts of instigation to hide his face cannot be treated, except in special circumstances, in the context of alternatives to prosecution. The floors will therefore need to prioritise the prosecution to corrections, by way of convocation by a judicial police officer, convened by minutes or appearance immediate, especially when the accused claims the commission of the offense or where the victim is a minor or vulnerable”. When the author of such facts is the spouse of the victim, the investigation must also necessarily relate to the existence of any domestic violence, ” says one. At the stage of the hearing, the department of Justice indicates that it will be necessary for the prosecution to require all sentences and measures to prevent the repetition of the offence. Among these is the stage of citizenship, which has for object, in accordance with the provisions of article 131-5-1 of the penal Code, to remind the condemned of the republican values of tolerance and respect for human dignity on which is founded the company. The stage of citizenship can thus be delivered as an alternative penalty or as a requirement in the framework of the suspended sentence with probation in accordance with the provisions of article 132-45 18° of the penal Code. The foreclosure of the family home of the accused or of the convicted person by reason of such facts, or the prohibition to enter in contact with the victim in the framework of judicial control or of a suspension with probation are also of a nature to prevent the repetition of crime and to protect victims. The floors will need to in addition ensure that the specific support minor victims by entering the appropriate to the children’s judge. When the victim is an adult,