Senate backs 10-year or lifetime bans from France for some foreign nationals

It all hinges on Article 1 ter of the text adopted by the Senate. Judges would be required to impose a ban from French territory on foreign nationals aged 18 or over found guilty of certain violent offenses, aggravated theft or serious acts of destruction.

The offenses covered include particularly serious acts of violence, certain acts against law enforcement, aggravated theft and arson. The provision is based on the nature of the offenses and could also apply to acts committed outside riots.

This penalty already exists. In August, a Moroccan man convicted of five car break-ins was banned from France for ten years. The change is that the ban would become the default: for the offenses covered, courts would normally be expected to impose it.

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The judge would retain the option to make an exception. The ban could be waived in a specially reasoned decision taking into account the circumstances, the convicted person’s character, and their personal and family situation. The bill also preserves the legal protections afforded to certain categories of foreign nationals who have lived in France for a long time.

Up to €10,000 to pay for damage

The bill also provides for joint financial liability, capped at €10,000, for some participants in violent groups. This would apply in particular to those who deliberately remain in a crowd after police warnings, knowing that violence or property damage is being committed.

After a final conviction, compensation owed to victims could be deducted from certain benefits: family allowances, housing assistance, the RSA or the in-work benefit. Parents held civilly liable for damage caused by their children could also be affected.

The Senate adopted the bill at first reading. It must still proceed through the parliamentary process before these new provisions could potentially come into force.