Cour de cassation - 03.02.1998
Case- Case number
- 96-82.665
- Country
- France
- Case Description
Slanderous denunciation (Dénonciation calomnieuse) - Dismissal of the appeal against the acquittal of the president of the Commission nationale de l'informatique et des libertés (CNIL), on the grounds of slanderous denunciation - The CNIL received complaints relating to the sending to voters presumed to belong to the Jewish community, electoral propaganda documents from the Comité National des Français Juifs and the Front National, calling for people to vote for a candidate from this party in the legislative elections - The Jewish affiliation of the recipients of these documents appeared to have been detected through the use of automated processing of data revealing racial or religious origins, The CNIL reported these facts to the public prosecutor - Following an investigation, the judges considered that the use of electoral lists was not subject to the obligation of prior declaration, and acquitted the accused - The latter then summoned the president of the CNIL directly for slanderous denunciation - The judges decided that the transmission by the CNIL to the public prosecutor of the documents at the origin of the proceedings against the candidate fell within the legal and regulatory remit of the aforementioned body.
Art. 40, 485, 593 Code de procédure pénale; Art. 373 Code pénal.
- Name of Court
- Cour de cassation - Chambre criminelle
- Date of decision
- Feb 3, 1998
- Subjects
- Hate Speech and Incitement
- Type of Court
- Supreme Court
- Area of Law
- Criminal Law
- Year
- 1998
- Generated ID
- QVQ4685-3839
- Geolocation
Latitude: 48.855133056640625
Longitude: 2.345714807510376
- Geolocation
- Existing
- Link
- legifrance