The homeland security Act Loppsi 2, was adopted




The draft law on internal security (Loppsi 2) has been finally adopted by the Parliament on 8 February 2011, after nearly a year of discussions between the two assemblies. The Senate had given the ultimate green light to the text, by 178 votes to 151. In the late afternoon, the national Assembly adopted by 73 votes to 29 the text of the compromise between parliament and senators drawn in mixed joint commission. The PS and the group GDR (PCF and Greens) voted against it.

The minister of the Interior presented the Loppsi 2, such as “a box of tools at the disposal of the protection and the security of our citizens.” Eric Ciotti (UMP) has described the text of the “pragmatic” and “ambitious”.

Overall, the point of view of the government and of deputies from the UMP party has prevailed. Minimum penalties for violence, aggravated and not only for the offenders, the extension of judicial supervision… : the arsenal of repression is reinforced. The field of video surveillance is also extended.

The Loppsi 2 also includes the relaxation of the points system on driving licences, sought by senators and deputies, while government and head of State did not want it. It also includes provisions to block internet sites of pedo-pornographic, which are feared in many associations, a filtering abusive of the internet. Are also laid down the broad guidelines of the forces of law and order, from 2009 to 2013. Many of the provisions relate to local communities.


VIDEOSURVEILLANCE
Extension of the “video surveillance” on the public highway, including locations exposed to trafficking or amusement parks.

After having informed the mayor, any legal person may install, on any public way a video surveillance system to protect the area around its buildings and facilities, in the places likely to be exposed to acts of terrorism or particularly exposed to risks of aggression or of vol.

– Services of the municipal police will be able to collect pictures of common parts of buildings, in real time, to prevent “the imminent commission of a serious damage, to property or persons.” This transmission should be subject to the prior agreement with the warden and, where appropriate, with the mayor.

– The Cnil is in charge of the control of the “video surveillance” from the public road, but shall not have the power of public warning.

MINORS
– The family court judge may restrict the freedom to go and come of minors 13 years of age, when the fact, for them, to circulate or be parked on the public road, between 23 p.m. and 6 a.m. without being accompanied by one of their parents or holder of parental authority, “exposes them to a manifest risk to their health, their safety, their education or their morality.” The Senate has confined this prohibition of circulation to “three months maximum, renewable once”.

– A contract of parental responsibility may be signed at the initiative of the parents or of the legal representative of a minor. It is also proposed to the parents of a minor 13 years of age convicted for an offence if it reveals a deficiency of parental authority. When the contract could not be signed because of your parents or the minor’s legal representative, the chairman of the general council may also send them a reminder of their obligations and to take any measure and action, social of nature to remedy the situation.

COUNCIL FOR THE RIGHTS AND DUTIES OF FAMILIES
– The creation of a council for the rights and duties of families is compulsory in the municipalities of over 50,000 inhabitants.

MUNICIPAL POLICE
– The quality of judicial police officers assigned to the members of the jobs of directors municipal police (a decree will specify the terms and conditions).

– Opportunity to participate in the identity checks, screening of blood alcohol content or searches of baggage. The municipal police may conduct searches during events involving more than 300 people (more than 1,500 previously).

– In the event of a change of duty station, the police no longer have to renew their certification and their oaths (article 94).

ROAD SAFETY
– Suppression of the traffic points.

– Relaxation of the retrieval device points: within two years, instead of three, to replenish his capital points, possibility of stage of recovery every year instead of every two years.

VIOLENCE IN SPORTS
– The minister of the Interior may prohibit the displacement of collective or individual supporters in case of serious disturbances of the public order, and the warden may restrict their freedom to come and go.

Strengthening of measures of stadium ban, the banned stage may be reported in foreign countries.

PUBLIC TRANSPORT
– Creation of an offence of penetration without permission in the cockpit of the trains (up to six months in prison).

– Possibility for the agents of public transport to drive to office from a judicial police officer, a person who has committed a crime.

HOUSING-SQUATTERS
– Evacuation of the unauthorized camps in the event of a serious risk to the health, safety or public peace.

– Criminalisation of squatters (punishable by a year in prison and 15,000 euros fine).

JUSTICE
Just floorbetween eighteen months and two years– for violence, aggravated punishable by seven to ten years in prison.

– Extension of the safety periodto thirty years, for the authors of”murder” or “murder organised” on persons vested with public authority.

– Extension of the judicial supervision, in particular via the electronic bracelet, for those sentenced to a penalty greater than or equal to five years, in the state of new recurrence.

– Possibility for a jury of pronounce an additional penalty of prohibition territory against a criminal of a foreign nationality.

– Enlargement of the use of videoconferencing in criminal proceedings.

INTERNET/COMPUTER
– Creation of the crime of identity theft on the internet.

– The Obligation for access providers to block images of child pornography sites reported to it by the Inside.

– Testing full-body scanners in airports for three years

 

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