E/CN.4/1996/72/Add.3
page 42
This offence is punishable by up to five years' imprisonment and/or a
300,000 franc fine.
Contesting crimes against humanity
This offence is provided for in article 24
derives from the Act of 13 July 1990.
bis of the 1881 Act and
The aim is to punish the public denial of the above-mentioned crimes
against humanity, as recognized by a French or international court.
This offence particularly involves persons who claim to be historians to
try to demonstrate that the Nazi holocaust never existed. No text made it
possible to punish persons who wrote “revisionist” or “negationist” tracts and
who managed to give their comments a racist ring. The new article 24
bis now
provides for criminal penalties for such a serious form of the expression of
racism, which is a vector of anti-Semitism.
It is now prohibited to question the existence of the Jewish genocide
committed by Nazi war criminals sentenced for crimes against humanity by the
Nürnberg Tribunal.
This offence is punishable by up to one year in prison and/or a
300,000 franc fine.
B.
Penalties for racist acts and behaviour
In addition to the specific provisions contained in the 1881 Act on
Freedom of the Press, the Penal Code punishes discriminatory and racist acts
and behaviour by private individuals or government representatives.
The following offences are thus punishable under the Penal Code and
other legislation:
(1)
Wearing uniforms or displaying insignia or emblems associated with
the persons responsible for crimes against humanity
Under article R.645-1 of the Penal Code, a fine of up to 10,000 francs
is imposed for publicly wearing a uniform or displaying insignia or emblems
resembling those worn by the members of an organization declared criminal by
the Nürnberg Tribunal (SS, Gestapo, SD and Nazi Commander Corps) or by any
person found guilty of crimes against humanity. Such uniforms, emblems and
insignia will be seized and confiscated.
This offence is not applicable where uniforms, insignia or emblems are
worn or displayed for the purposes of a film, a show or an exhibition in
connection with an historical evocation.
(2)
Prohibition on storage of data relating to race
A specific provision on computerized data storage was created by
Act No. 78-17 of 6 January 1978 on data processing, files and freedoms.