The video is short and confusing, but it has made the rounds of social networks and the justice took hold of the subject. Wednesday, February 13, a baker and was sentenced to 70 hours of work in the general interest for "refusal to sell and outrage on person agent of the public order".
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The case dates back to Saturday, 2 February. In the margin of the demonstrations of the act XII of the "yellow vests", a police officer wants to enter a bakery of the sign Landemaine for a coffee. The employee of the bakery near the place of the Republic he then responds that it does not allow access to the police "on the condition that he withdraws his weapon".
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Following this altercation, the employee was placed in custody and sentenced, in particular, for "refusal to sell".what is the refusal of sale?
The article L. 122-1 of the consumer Code is clear: "it is prohibited to refuse to a consumer the sale of a product or the provision of a service, except for legitimate reason". In this case, unless he manages to justify his act, the baker does not have the right to refuse the sale of its product to any customer whatsoever.Examples of refusal of sale to convicted
- The court of Cassation has condemned the December 15, 2015 an airline that refused the boarding of people with disabilities, even though the carrier argued that its staff was not trained to ensure the safety of its passengers.
- The police court of Paris condemned the may 5, 2000 from a mechanic who didn't repair a scooter on the pretext that it was difficult to get the spare parts.
- October 21, 1998, the court of Cassation has sentenced a pharmacist who refused the sale of contraceptives.
- June 26, 1985, the correctional court of Macon, a trader has been sentenced because he refused to sell an item exhibited in a showcase to do not defeat its shelf.What are the legitimate grounds which may justify a refusal of sale?
According to Jonathan Suffer, of the Paris bar, the case law holds the existence of legitimate grounds to refuse a sale in the event of abnormal request of the consumer, including the unavailability of the product, when the consumer requests an exorbitant amount for a product, or in the event of inappropriate behaviour by the consumer (for example, aggressive behaviour).
It rejoute "on the other hand, there is to my knowledge no case law that holds that the existence of a "legitimate reason" in the event of a refusal to sell to an armed police".Example of refusal of sale have been considered as legitimate
- The Versailles court of appeal had set aside the march 7, 2003, a participant who wanted to renew his subscription to a sports club but who had insulted the staff.
- The Paris court of appeal had set aside the may 21, 1991 a spa guest, on the ground that the order directing the thermal processing had not been issued by the doctors of the institution.In the case of the baker and the policeman, was there a legitimate reason?
To the lawyer, Olivier de Maison Rouge, associate lawyer at Lex Squared, the answer is clear: "No, nothing justifies this refusal of sale. Not only the baker had wanted to condition the sale to criteria not previously mentioned - the gun -but in addition, it seems that this condition is only based on a job discrimination - against police officials -". For this lawyer, it is a refusal to sell discriminatory.
An opinion not shared by another lawyer. Indeed, under article 225-1 of the criminal Code, are regarded as refusal to sell discriminatory refusal for reasons: racial, religious, political, labour, gender, family situation, physical appearance or health situation.
The lawyer Jonathan Suffer is part of his side that: "this rules article 225-1 of the penal Code, which defines the criteria of discrimination does not make any reference to discrimination on the job".
The lawyer concludes, "accordingly, the refusal to sell to an armed police can constitute a "refusal of sale" within the meaning of article 121-11 of the Code of the consumption, but in no case for discrimination on the basis of article 225-1 of the penal Code".
A refusal to sell discriminatory is considered a crime, not a contravention. Thus, a professional who refuses to sell a product without a legitimate reason, which must normally pay a fine of 1500 euros (or a contravention of the 5th class), but if this refusal to sell is based on a discriminatory reason, the offence becomes an offence which can be punished with a prison sentence.
Jonathan Suffer recalls in this regard that "on a single ticket, the only qualification for "refusal to sell" does not seem to be able to justify a remand in custody because the criminal procedure Code requires that an offence subject to a penalty of imprisonment, according to the article 62-2 of the Code of criminal procedure".That happened during the trial of the baker?
in The end, the baker will have been considered in the context of a "appearance on prior recognition of guilt (CRPC), and plead guilty to the French. The man has admitted to having made a gesture offensive against a police officer, non-filmed in the video. Acknowledging its wrongdoing, the employee was able to be sentenced to only 70 hours of work in the general interest (TIG), instead of the 1500 euro ticket that he would have been able to receive.
Publish Date : 18 Şubat 2019 Pazartesi 00:00
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