The French National Assembly approved a text establishing a presumption of legitimate defense for police and gendarmes who use their firearms [1].
This legislative shift changes the legal burden for law enforcement officers during judicial reviews of weapon discharges. By creating a legal presumption that the use of force was justified, the measure aims to provide greater legal protection for officers facing prosecution after operational incidents [1].
The vote took place on Tuesday, July 7, 2025 [1]. The measure received support from the French government and the RN-UDR alliance [1]. The alliance said the change ensures that security forces can respond to threats without the immediate fear of legal repercussions that often follow the use of lethal force [1].
Under the new framework, the use of a firearm by a member of the security forces is presumed to be a legitimate act of self-defense unless proven otherwise [2]. This reverses the typical judicial process where the officer must prove the necessity of the action from the outset [2].
Opponents of the text said the measure is polemical, arguing it could reduce accountability for police misconduct [2]. However, the government said the current legal environment creates hesitation among officers in high-risk situations [1].
The text now moves to the Senate for further examination [1]. If passed by the upper house, the presumption will become a formal part of the French legal code regarding the use of force by state agents [2].
“The measure aims to provide greater legal protection for officers facing prosecution.”
This legislative move represents a significant shift in French jurisprudence by moving the burden of proof from the officer to the prosecution. By establishing a legal presumption of legitimacy, the state is prioritizing the operational confidence of security forces over the traditional presumption of innocence or strict scrutiny of lethal force, likely reflecting a political response to increased security tensions.
