“It is not a manifest delict this threat live on a public radio?” Your question refers to the words of the Minister of the Interior, Wednesday 8 September, in the morning of France Inter. GÃ © rald Darmanin is invited to react on the recent declarations of the candidate for the primary environmentalist Sandrine Rousseau. She had expressed, during the debate last Sunday, the “humiliation” she had felt when the President of the Republic, Emmanuel Macron, “swept away © with a wave of the hand the movement of thousands of women of which I was part, who fought against gender-based violence, by appointing at the head of the police a minister himself accused of rape ”.
Answer this morning from the person concerned, GÃ © rald DarmaninÃ ¢ â‚¬: “Madame Rousseau did not have the same vision of me when she came. ask me to be appointed director of the IRA [Regional Institute of Administration, editor’s note] of Lille, when I was Minister of the Civil Service “. From 2017 to 2020, GÃ © rald Darmanin was more exactly Minister of Action and Public Accounts.
He continues: “If she wishes, we can publish the appointment requests and the appointment requests. She was very upset that I did not choose her and when I see her public statements, I was right not to propose her appointment to train new officials. “
. @ GDarmanin responds to Sandrine Rousseau’s criticisms during the first debate of the environmentalist primary: “She caricatures herself.” # le79inter pic.twitter.com/3yEA5F4OpK
Incredulous, LÃ © a SalamÃ © lâ € ™ asks: “Sorry but you are threatening to publish text messages that she sent you?”
This is indeed what we can understand from the minister’s statements. As lawyer AriÃ © Alimi points out on Twitter, disclosing private conversations with someone is a deliberation. But even threatening to do so is also punishable by jail time and a heavy fine, under certain conditions.
Thus, according to article 226-1 of the Penal Code, “is punished by one year of imprisonment and a fine of 45,000 euros. means of any process, willfully to violate the privacy of the privacy of others ”. This can be done in particular as follows: “By capturing, recording or transmitting, without the consent of their author, words spoken in a private or confidential capacity.”
Article 222-17 of the same code also provides that “the threat to commit a crime or an indictment against persons whose attempt is punishable is punishable by six months’ imprisonment and 7,500 euros fine when it is either repeated or materialized by a writing, an image or any other object ”.
Thus, the specialist site Dalloz specifies that “the simple verbal threat can only be prosecuted on the condition that it has been repeated at against the victim. “
Certain people defending GÃ © rald Darmanin point out that the Minister of the Interior evokes the possibility of making public his correspondence with Sandrine Rousseau “if she wishes it”. And so in essence, only if she consents.
After the publication of this article, another lawyer (Master Eolas on Twitter), shared his disagreement with us: ???? is constituted only in the event of recording of private lyrics without the knowledge of the interested party and does not apply not to written correspondence which is not protected once it reaches its addressee, he writes to us. The threat of revealing private correspondence of which one has been the addressee cannot therefore constitute a delict. “
Questioned by the Huffpost, the entourage of the candidate for the ecological primary considered for its part that the minister had indeed committed “a clear violation” of the law. Contacted by CheckNews, the Home Office’s cabinet replied that it would “not comment on this”.
Update at 6.30 p.m .: clarification of the conditions under which a threat is punishable, with addition of the quote from Dalloz “the simple verbal threat can only be prosecuted on the condition that it has been repeated against the victim ”.
Update September 9 at 8:55 am: addition of the quote from Master Eolas.