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Cour de cassation, Chambre criminelle - 05.12.2012

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Case Description: The applicant had been sentenced by the Paris Court of Appeal to a two-month suspended prison term and a fine of 500 euros for contesting crimes against humanity and provocation of racial hatred. During his appeal to the Court of Cassation, the applicant submitted a Priority Preliminary Ruling on Constitutionality (Question prioritaire de constitutionnalité – QPC) regarding the offense of contesting crimes against humanity., arguing that Article 24 bis of the Law of July 29, 1881, was unconstitutional. The Court of Cassation examined whether the question should be referred to the Constitutional Council. It determined that the question was not "serious" for the following reason: The infringement on freedom of expression caused by such criminalization appears necessary, appropriate, and proportionate to the objective pursued by the legislature: combating racism and anti-Semitism and protecting public order.

article 24 bis de la loi du 29 juillet 1881; article 34 de la Constitution; article 16 de la Déclaration de 1789

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Latitude: 48.8567223

Longitude: 2.3443499

cour-cassation-chambre-criminelle-5-decembre-2012-n-12-86382.pdf
French
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