Criminal Law

3 October 2023 | Soulier Avocats

Principle of criminal legality and dumping of asbestos waste

“If the power of interpreting laws be an evil, obscurity in them must be another, as the former is the consequence of the latter. This evil will be still greater, if the laws be written in a language unknown to the people; who, being ignorant of the consequences of their own actions, become necessarily dependent on a few, who are interpreters of the laws, which, instead of being public and general, are thus rendered private and particular.”

(Beccaria, On Crimes and Punishments).

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22 May 2023 | Victor Trouttet

Overview of the French legal framework applicable to private protection officers

Who are private protection officers, commonly known as “bodyguards”, and above all how is their action legally regulated?

These are two questions that this article will try to answer quickly through a brief overview of the legal and regulatory provisions applicable to individuals who, on a professional basis, carry out activities aimed at protecting the physical integrity of people.

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28 March 2023 | Victor Trouttet

No seizures without criminal prosecution

French criminal law is to be interpreted strictly. This principle, enshrined in Article 111-4 of the French Criminal Code, is a principle that permeates French criminal law. It follows that criminal law rules must be applied literally.

In a ruling issued on February 1, 2023, the Cour de Cassation (French Supreme Court) recalled this principle of strict interpretation of French criminal law in a case concerning the refusal of restitution of a seized property.

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26 January 2023 | Victor Trouttet

Drones, a new means of proof?

The use of drones, once reserved for the military, is now widespread.

In fact, drones are receiving a high level of interest from investigation services. Even more, they are now becoming indispensable security tools, as shown by the recent acquisition by the City of Toulouse of several drones to protect its inhabitants.

But can these drones be used to secure evidence in a criminal case?

The Criminal Chamber of the Cour de Cassation (French Supreme Court) ruled on this question on November 15, 2022.

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22 December 2022 | Victor Trouttet

Open sesame!

The cell phone appears in today’s society as a second home. Everything is there, including our most secret files. But is it possible to refuse to give the key to this home?

In other words, can you refuse to give the access code of your smartphone?

In a ruling issued on November 7, 2022, The Cour de Cassation (French Supreme Court) seems a priori to say that the answer is no.

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