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| France's 'Tony Martins' spark national debate over right to self-defence | France's 'Tony Martins' spark national debate over right to self-defence |
| (about 2 hours later) | |
| The motorcycle garage owner Pascal Rauber swears that when he fired at the burglars who had broken into his showroom, he was acting in self defence: the thieves were driving their car straight at him; it was him or them, life or death; and, in any case, he was aiming for the vehicle's tyres. | The motorcycle garage owner Pascal Rauber swears that when he fired at the burglars who had broken into his showroom, he was acting in self defence: the thieves were driving their car straight at him; it was him or them, life or death; and, in any case, he was aiming for the vehicle's tyres. |
| "I didn't think I'd hit them, and I would not have shot at all had I not felt personally threatened, Rauber, 50, said on Wednesday. "But without the gun, I wouldn't be here today." | |
| The break-in, last June, was the 53rd time Rauber's racing motorcycle shop, just off the national highway at St-Julien-sur-Sarthe, in north-west France, had been targeted by thieves in 25 years. | The break-in, last June, was the 53rd time Rauber's racing motorcycle shop, just off the national highway at St-Julien-sur-Sarthe, in north-west France, had been targeted by thieves in 25 years. |
| When police discovered one of the thieves had suffered serious head wounds, however, Rauber found his role had changed from victim to villain. He is mis en examen – officially under investigation – for "armed violence". | When police discovered one of the thieves had suffered serious head wounds, however, Rauber found his role had changed from victim to villain. He is mis en examen – officially under investigation – for "armed violence". |
| Rauber's is one of a number of high-profile cases, culminating in the arrest of a Nice jeweller who shot and killed a burglar who robbed his shop last Friday, that have sparked a national debate in France over a person's right to "legitimately defend" their property. | Rauber's is one of a number of high-profile cases, culminating in the arrest of a Nice jeweller who shot and killed a burglar who robbed his shop last Friday, that have sparked a national debate in France over a person's right to "legitimately defend" their property. |
| The jeweller, Stephan Turk, 67, was put under investigation for murder and is now under house arrest and wearing an electronic bracelet after he shot and killed the escaping robber outside his shop on the French Riviera. Turk was beaten in the robbery by two thieves carrying pump-action shotguns. | |
| On Tuesday, the French interior minister, Manuel Valls, travelled to Nice to urge the town's jewellers to "let justice prevail", after hundreds of people took to the streets to protest against the charges. | On Tuesday, the French interior minister, Manuel Valls, travelled to Nice to urge the town's jewellers to "let justice prevail", after hundreds of people took to the streets to protest against the charges. |
| The state prosecutor argues that Turk had fired in "legitimate defence". By Wednesday afternoon, a Facebook page in support of Turk had more than 1.6m likes. | The state prosecutor argues that Turk had fired in "legitimate defence". By Wednesday afternoon, a Facebook page in support of Turk had more than 1.6m likes. |
| The issue is grist to the mill for France's extreme-right Front National, hoping to make serious gains in next year's municipal election. And it has echoes of the much-debated Tony Martin case in Britain. | The issue is grist to the mill for France's extreme-right Front National, hoping to make serious gains in next year's municipal election. And it has echoes of the much-debated Tony Martin case in Britain. |
| Martin, a Norfolk farmer, was found guilty of murder – later reduced to manslaughter – for shooting and killing Fred Barras with a pump-action shotgun after the 16-year-old broke into his farmhouse in 1999. | |
| Various articles of the French penal code cover "legitimate defence" in cases where the "means used is proportionate to the gravity" of the offence. | Various articles of the French penal code cover "legitimate defence" in cases where the "means used is proportionate to the gravity" of the offence. |
| But criminal lawyer Thibault de Montbrial, who specialises in defending victims claiming legitimate defence, says the French criminal code is still "too restrictive" and fails to recognise the stress and trauma that leads victims to commit acts of violence. | But criminal lawyer Thibault de Montbrial, who specialises in defending victims claiming legitimate defence, says the French criminal code is still "too restrictive" and fails to recognise the stress and trauma that leads victims to commit acts of violence. |
| "There is a continuity of action. These are people going about their daily business when they are suddenly faced with a life-threatening situation. It's such a shock that their brain flips," he told the Guardian. | "There is a continuity of action. These are people going about their daily business when they are suddenly faced with a life-threatening situation. It's such a shock that their brain flips," he told the Guardian. |
| "It's impossible for them to just stop, even if the criminal has turned his back. The French legal system is asking people to do something they cannot do. | "It's impossible for them to just stop, even if the criminal has turned his back. The French legal system is asking people to do something they cannot do. |
| "It is ridiculous to reproach someone in that situation for having fired." | "It is ridiculous to reproach someone in that situation for having fired." |
| He added: "I don't know the exact details of the Nice case, but from what I have heard the guy's action comes under legitimate defence, for me. We cannot reproach someone going about their daily life who has not chosen violence for doing what he did five seconds after what happened to him. He is still in a state of shock. | He added: "I don't know the exact details of the Nice case, but from what I have heard the guy's action comes under legitimate defence, for me. We cannot reproach someone going about their daily life who has not chosen violence for doing what he did five seconds after what happened to him. He is still in a state of shock. |
| "Acting in vengeance after a certain time has passed is something else, but this case shows a continuity of action." | "Acting in vengeance after a certain time has passed is something else, but this case shows a continuity of action." |
| He called for the French law to be amended to take into account the "anguish of the aggressed person" in their subsequent actions. | He called for the French law to be amended to take into account the "anguish of the aggressed person" in their subsequent actions. |
| In the past, French courts have tended towards leniency when judging whether the response to a break-in or robbery is reasonable. | In the past, French courts have tended towards leniency when judging whether the response to a break-in or robbery is reasonable. |
| In November 2007, Christophe Poirier, then a 45-year-old baker, claimed to have been hit in the stomach by a robber who had broken into his home. He shot the intruder with his hunting rifle. After an inquiry lasting three years, the court dismissed the case against him under Article 122-6 of the criminal procedure code. | In November 2007, Christophe Poirier, then a 45-year-old baker, claimed to have been hit in the stomach by a robber who had broken into his home. He shot the intruder with his hunting rifle. After an inquiry lasting three years, the court dismissed the case against him under Article 122-6 of the criminal procedure code. |
| In October 2006, at Nogent-sur-Marne in the eastern suburbs of Paris, three thieves broke into the home of a textile company director, René Dahan. Dahan succeeded in grabbing the gun of one of the intruders, a Magnum .357, and turned it on him. Despite support from the then president, Nicolas Sarkozy, who described him as an "honest man", Dahan was charged with murder. The case was later dismissed. | In October 2006, at Nogent-sur-Marne in the eastern suburbs of Paris, three thieves broke into the home of a textile company director, René Dahan. Dahan succeeded in grabbing the gun of one of the intruders, a Magnum .357, and turned it on him. Despite support from the then president, Nicolas Sarkozy, who described him as an "honest man", Dahan was charged with murder. The case was later dismissed. |
| In an interview with Le Figaro, Dahan said he felt his 10 days in remand at a high-security prison, was an unfair punishment. "I couldn't understand why I was imprisoned," he said. "I found it unfair. At that moment, I felt as if I was the guilty one in a situation I found myself in." | In an interview with Le Figaro, Dahan said he felt his 10 days in remand at a high-security prison, was an unfair punishment. "I couldn't understand why I was imprisoned," he said. "I found it unfair. At that moment, I felt as if I was the guilty one in a situation I found myself in." |
| Back working in his shop, Pascal Rauber was reluctant to comment on the Nice jeweller case without knowing the details. "His case and mine are totally different," he said. | Back working in his shop, Pascal Rauber was reluctant to comment on the Nice jeweller case without knowing the details. "His case and mine are totally different," he said. |
| He does have some sympathy with the jeweller, though. Ten days ago, Rauber's shop was broken into again. This time, the thieves stole around £100. In the past, they have made off with expensive motorbikes, 22 of them in total. The insurance companies no longer want to cover him. | He does have some sympathy with the jeweller, though. Ten days ago, Rauber's shop was broken into again. This time, the thieves stole around £100. In the past, they have made off with expensive motorbikes, 22 of them in total. The insurance companies no longer want to cover him. |
| "Mostly, I arrive too late and the thieves have gone," he said. | "Mostly, I arrive too late and the thieves have gone," he said. |
| "Sometimes I ask myself if my parents, who brought me up correctly, were wrong. By stealing from me, the thieves can get in a night what I've taken almost all of my life [to get]. It's clearly more profitable to steal from your neighbour." | "Sometimes I ask myself if my parents, who brought me up correctly, were wrong. By stealing from me, the thieves can get in a night what I've taken almost all of my life [to get]. It's clearly more profitable to steal from your neighbour." |
| He says being charged by the police is "the world turned upside down". | He says being charged by the police is "the world turned upside down". |
| "We are the victims," he said. "And yet we find that the law is entirely made for them, the criminals, and not for us. The wrongdoer is better defended than his victim." | "We are the victims," he said. "And yet we find that the law is entirely made for them, the criminals, and not for us. The wrongdoer is better defended than his victim." |
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