Capital punishment in France

The capital punishment in France exists semi-officially since the Moyen-âge and was abolished in 1981, making France the last country of the European Community which applied the Capital punishment to abolish it.

History

The capital punishment Under the Old Mode

Before 1791, there existed in France a multitude of modes of enforcement of the capital punishment, according to the crime and the condition of condemned, such as for example: the Decapitation with the sword (or the axe) which was reserved for the noble S, the Pendaison for the robbers, the Bûcher for the heretics, the wheel for the highwaymen

Adoption of the guillotine

The first official debate on the capital punishment in France dates from the May 30th 1791, with the presentation of a bill aiming to abolish it. Its rapporteur, Louis-Michel Lepeletier de Saint-Fargeau is in particular constant by Maximilien de Robespierre. However, the constituent National Assembly, promulgates a law the October 6th 1791 refusing to abolish the Capital punishment, but it removes the Torture. It is also with this law that the method of execution is standardized, Tout condemned to death will have the distinct head , this famous sentence will remain in the Penal code French until abolition, in 1981.

The use of the Guillotine then is generalized for very put at died of civilians. Only, the soldiers make exception to the rule: they could be shot by Firing squad for the crimes committed in the performance of their duties.

The October 26th 1795, the national Convention abolishes the capital punishment, but only from the day of the publication of general peace . With the arrival of Napoleon Bonaparte, the capital punishment, which in fact was not abolished, is restored the February 12th 1810, in the imperial Penal code French, which envisages 39 cases of application of which: the Assassination, the Murder, the Attack, the arson, counterfeiting, treason, desertion, etc…

Crémieux decree

Then, a decree of Adolphe Crémieux of the November 25th 1870, reform the use of the guillotine by removing the scaffold on which it was drawn up. It standardizes also the load of Bourreau by removing those of province (up to now there was one by spring of Court of Appeal). There was not then more but one " executor in chef" for all the national territory, assisted by five " aides" (only the Corsica torturer of will remain in function until 1875). The Algeria, then Frenchwoman, will preserve a team of executors which will be clean for him, until the independence of the country in 1962.

Fallen through attempts at abolition: 1906 - 1908

For this period, attempts at abolition of the capital punishment are born. They fail all, the public opinion there not being prepared. Thus, the Committee on Budgets of the House of Commons votes in 1906, the suppression of the appropriations for the operation of the Guillotine, this vote aims at seizing up the procedure of execution of condemned.

The July 3rd 1908, the Minister of Justice, Aristide Briand, submits to the deputies a bill, going back to November 1906, on the abolition of the capital punishment. In spite of the support of Jean Jaurès, the bill is rejected the December 8th by 330 votes against 201.

Only, for this period, the President of the Republic Armand Fallières, in favor of the abolition of the capital punishment, goes systematically grâcier all condemned to died during 3 years (of October 1905 with January 1909). He will refuse thereafter, it thanks to a score of others condemned during the two last years of his mandate.

Then, the June 24th 1939, the president of the Council Edouard Daladier promulgates an Order in Council abolishing the public capital executions, after the scandal of the execution of Eugene Weidmann, a few days before.

Between 1940 and 1981

Under the Mode of Vichy, the marshal Pétain refuses to it thanks to about fifty condemned common Droit (including eight women), without counting the executions of resistant of course.

The March 11th 1963, the execution of Colonel Bastien-Thiry responsible for the Attack of the Petit-Clamart against the general de Gaulle, will make of him, the last condemned to died to be shot.

Towards abolition

The November 28th 1972, Claude Buffet and Roger Bontems are carried out, it is the beginning of the crusade of Robert Badinter for the total abolition of the capital punishment in France.

The May 12th 1973, the execution of Ali Benyanes in Marseilles passes almost unperceived. For the third time in less than six months, Georges Pompidou (however unfavourable with the capital punishment) leaves one condemned to dead being made guillotiner.

The July 28th 1976, Christian Ranucci is carried out, her grace having been refused by the president Valery Giscard d'Estaing; doubts remain on its culpability in the famous business of the red Pull-over; it was before-before the last condemned to death carried out in France.

After a pleading of Robert Badinter, the lawyer of Patrick Henry, this one escapes the death sentence the January 21st 1977, for the murder of a child. Many newspapers think that it is the end of the capital punishment.

June 23rd, 1977, Jerome Carrein is guillotine with the prison of Douai.

The September 10th 1977, Hamida Djandoubi is guillotine, it will be the last condemned to died to be carried out in France.

In October 1978, a group of study of the National Assembly tries, as in 1906, to remove the appropriations for the operation of the guillotine.

Abolition

The March 16th 1981, in full electoral campaign for the presidential elections, François Mitterrand declares clearly that it is against the capital punishment . He is elected President of the Republic the May 10th.

The May 25th, François Mitterrand pardoned Philippe Maurice, it will be the last condemned to death pardoned.

The August 26th, the the Council of Ministers approves the bill abolishing the capital punishment.

The September 17th, Robert Badinter presents the bill to the National Assembly. He is voted the September 18th with 18:44 by 369 votes for, 113 against (487 voters, 482 votes cast).

The September 30th, several amendments of the Sénat is rejected. After the National Assembly, the law is officially adopted by the senators by 161 votes for, 126 against (288 voters, 287 votes cast).

The October 9th, the law is promulgated. France is one of the last countries of Western Europe (with Switzerland (military Penal code) and England which will abolish it completely, respectively in 1991 and in 1998) to abolish the capital punishment.

Of 1984 with 1995, 27 private bills aiming at restoring the capital punishment are deposited at the Parliament.

Precautions against the re-establishment

Today although several French political officials declare themselves in favor of the capital punishment, its re-establishment would not be possible without rejecting several international treaties (certain people say that its re-establishment would involve a degradation of the image of France abroad and in particular within the European Union).

The December 20th 1985, France ratifies the additional protocol number 6 with the European Convention of the human rights, France cannot restore the capital punishment more, except in times of Guerre or, in another optics, by denouncing the whole of Convention while following the constraints of article 58 of the aforesaid convention.

The June 21st 2001, Jacques Chirac sends a letter to the association Ensemble against the capital punishment: “It is a combat which it is necessary to carry out with determination and conviction. Because null justice is not infallible and each execution can kill innocent. Because nothing can legitimate the execution of minors or people suffering from mental deficiency. Because never death cannot constitute an act of justice. ”

The May 3rd 2002, France signs, with 30 other countries, the Protocol number 13 with the European Convention of the human rights. This text prohibits the capital punishment in all circumstances, even in time of war. It came into effect on July 1st 2003, after the deposit of 10 ratifications.

In 2004, a private bill (n°1521 proposal) was deposited in front of the National Assembly, the April 8th 2004, tending to restore the capital punishment for the authors of terrorist acts. The day order of the assemblies being fixed by the Government and this one being “close” to Jacques Chirac, abolitionist (see his vote during the abolition of 1981), the discussion in public of the private bill forever take place.

The October 13rd 2005, the Constitutional council estimated that IIe optional protocol of the international Pacte relating to the civil laws and political could not be ratified without a preliminary revision of the Constitution. This pact abolishes the capital punishment completely, with the possibility of issuing a reserve in time of war. The States signatories do not have any procedure of denunciation of the pact, and this abolition revêt thus a final character, which according to the Constitutional council undermines the free exercise of national sovereignty. The January 3rd 2006, Jacques Chirac thus announced a revision of the Constitution aiming at registering the abolition of the capital punishment in a new article 66-1. This one will stipulate simply that " no one cannot be condemned to the sorrow of mort". One year later, Tuesday January 30th 2007, this modification was voted by the National Assembly. The occasion to note the current degree of abolition: the vote was done by a show of hands, only about fifteen UMP deputies led by Jacques Myard did not vote for the text, judging it useless because nobody thinks, in the current conjuncture, to restore the capital punishment . The February 9th 2007, the Senate vote in its turn the law. There remains nothing any more but one vote of the two rooms joined together in Congrès in Versailles, which was made the February 19th 2007 little before the presidential election of 2007.

The 2007, France definitively ratifies Protocol 13 of CEDH prohibiting the capital punishment in all circumstances, even in time of war, text which it had signed in 2002.

French public opinion

During the 20th century, the opinion of the French on the capital punishment evolved/moved much. Several Sondage S showed great differences in one time to the other. In 1908, the Parisian Petit published a survey in which 77% of questioned were declared in favor of the capital punishment. In 1960, a survey of the French Institut of public opinion (IFOP) showed that 50% of the French were against the capital punishment and 39% for. In 1972, in another survey IFOP, 27% of only probed were against the capital punishment and 63% for. Lastly, a survey of the Figaro published the shortly after the vote of the law of abolition of the October 9th 1981 indicated that 62% of French were for the maintenance of the capital punishment.

According to a survey of institute IFOP in 1998, 54% of French are hostile with the capital punishment. According to a survey carried out in September 2006 by TNS Sofres, 52% of the French are opposed to the re-establishment of the capital punishment.

Like any survey on such a significant subject of company, the public opinion (and in this case the French public opinion) is enough changing according to the topicality. Different surveys realized during History have shown that at the time of crimes odious (particularly when they touch children), the opinion can quickly return to a majority for the re-establishment of the capital punishment.

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