The only detention of jihadist videos is no longer considered as a criminal offence

An offense to criminalize the downloading and possession of jihadist videos. The sages considered this to be against the Constitution. The Constitutional Council has r

An offense to criminalize the downloading and possession of jihadist videos. The sages considered this to be against the Constitution.

This Friday, the Constitutional Council removed the criminal offense of “concealing an excuse for terrorism”, which sanctioned the very fact of downloading and keeping propaganda Islamist videos, considering it to be against the Constitution.

The criminal offense was determined by the decision of the Court of Cassation issued in January. For your detractors, this allowed you to get around the unconstitutionality of the criminal offense of consulting “regular” terrorist sites, censored twice in 2017 by the “Wise.”

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“This is a new victory,” Patrice Spinosi, a lawyer for the League for Human Rights (LDH) and the applicant, a man sentenced to four years in prison for possessing images glorifying terrorism, told AFP.

“The Court of Cassation was trying to artificially re-establish the tort of websites that consult terrorists. The Constitutional Council supported its case law,” he said happily.

“Chimeric legal”

In the judgment of January 7, the Criminal Chamber of the Court of Cassation recognized the existence of this new criminal offense, combining two criminal offenses, concealment and support of terrorism.

“The idea is actually quite simple: if you regularly visit sites that glorify terrorism, download content to a hard drive or a USB stick, keep it, then that’s handling stolen goods – a thing that comes from crime – that’s an excuse for terrorism,” he pointed out on the hearing of I. Spinosa, calling for the removal of the “chimeric law”.

This new criminal offense foresees, depending on the circumstances, a sentence of five, seven or ten years in prison, “the very fact of holding files or documents that glorify terrorist acts without restraint, terrorist intent or apologetics of the fence as an integral element” of the criminal act, it was pointed out. Constitutional Council.

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For “Mudre”, this crime is freedom of expression and communication “a violation that is not necessary, adapted and proportionate”. Therefore, they made a “reserve” interpretation, which is equal to the prohibition of this crime.

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As it did in its February and December 2017 decisions on censoring the criminal offense of consulting “common” terrorist sites, the Constitutional Council recalls that “the legislation includes a number of criminal offenses in addition to the contested criminal offense and special criminal procedural provisions with the aim of preventing the commission of terrorist works”.

Updated date: June 19, 2020, 10:58 p.m

Categories: Optical Illusion
Source: newstars.edu.vn

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