Domestic violence: the anti-reconciliation bracelet is extended for events before 2020
Publié le 30 septembre 2021 - Legal and Administrative Information Directorate (Prime Minister)
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In order to strengthen the protection of victims of domestic violence, the anti-rapprochement wristband has been extended to convictions for acts committed before the entry into force of this measure in 2020. Until now only those convicted after the introduction of the measure could be required to wear it. This is what the Court of Cassation states in a decision of 22 September 2021.
Established as part of the law of 28 December 2019 to take action against domestic violence, the anti-rapprochement wristband is a device that allows the perpetrators of domestic violence to be monitored, to prevent them from approaching their victims. A decree issued in Official Journal in september 2020, details the implementation of the mobile anti-reconciliation electronic device.
The decision to impose the wearing of an anti-rapprochement bracelet may be taken:
- in criminal proceedings, by order of the examining magistrate or the judge of liberty and detention to accompany a judicial review and as a sentence;
- in civil proceedings, by the family judge in a protection order for a woman who has reported violence and is considered to be in danger. In this case, the consent of the abusive spouse must be sought before the bracelet is placed. If he refuses, the judge may refer the matter to the prosecutor's office for a criminal investigation to be opened, after which he may decide to impose it if he considers it necessary.
The measure shall be ordered for a period not exceeding 6 months and may be renewed under certain conditions. The total duration cannot exceed 2 years.
- The anti-reconciliation bracelet allows the violent spouse or ex-spouse to be geolocated and triggers an alert system when approaching the protected person beyond a perimeter defined by the judge. In this case, it is immediately contacted by a remote support platform. If he does not respond or turn back, the police are alerted.
- The protected person has a case that he or she must always keep with him or her and that allows him or her to be geolocated. It can contact the operator directly at any time.
Please note : The bracelet complements another device, the Serious phone , established in 2014, which allows the victim to contact a remote assistance service in case of danger and to request the help of law enforcement through geolocation.
The alert distance
The alert distance may not be less than 1 km or more than 10 km. The alert distance is double the alert distance. For example, for an alert distance of 2.5 km, the alert distance will be 5 km.
In order to determine this, the judge must reconcile the need to protect the victim with respect for the dignity, integrity and privacy, family and professional life of the bracelet wearer. It must also ensure that the implementation of the measure does not hinder its social integration, taking into account, in particular, the location of the respective homes and workplaces and the means of travel.
If the reconciliation ban imposed leads to a significant number of alerts that violate the right to privacy and family, both parties may request the judge to revise the alert distance or to terminate the obligation to wear the wristband.
The processing of personal data
The decree of 24 September 2020 establishes a processing of personal data to ensure the remote control of persons covered by the mechanism. This treatment is under the supervision of a magistrate.
The data relating to the holder of the anti-reconciliation wristband, the protected person, the authorised staff of the prison services and the authorised personnel responsible for the remote control of the device are specified in the decree (identity, personal details, persons to be contacted in case of emergency, data relating to decisions ordering the device, record of the GPS positions of the bracelet, data relating to the teleprotection device, list of alerts issued, identification of the magistrate and controllers ...).
Data processing also pursues a statistical purpose.
FYI : This measure was Positive opinion of the National Commission on Informatics and Freedoms (CNIL) .