320 karma · joined November 13, 2010
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See, not all patents are of the exact same kind, and there's a lot of things to patent about any thing. That's the problem... nowadays things that shouldn't be patented, like designs and user interfaces (even algorithms), are.
3 cases :
1 - The person is not seriously suspected of being the perpetrator of the crime investigated. He can be forced to present itself to the JI if the JI wants it. Then he will be considered a witness. This is Art. 101 of the CPP (Code of Penal Procedure) In the case of an external impossibility (meaning that it's not just the guy not wanting to come) the JI can actually go to the witness or hear the witness by any mean (Art. 109 CPP). So even if you are a just a witness you can be forced to come.
2 - An assisted witness Art.113-1 CPP (that's when there is some possibility that you are going to be indicted because you are a suspect), the difference is that an assisted witness has the right to have a lawyer, more rights etc. If you have been identified at least by name by the victim, then you must at least be this. So at least. Assange would have been an assisted witness. It's true that an assisted witness has the right to ask is own indictment, and the JI must comply (Art. 113-6 CPP). BUT, to have the assisted witness status you must have been heard at least once by the JI. Force can still be used to present to assisted witness to the JI, and in case of impossibility etc. etc.
3 - Indicted (Mise en examen). A lot of rights, but also much much much more power to the JI investigating the case. And well, the indictment defined at the 80-1 and 80-2 CPP is quite clearly possible after a face to face interview between the JI and the suspect : Translation by myself "The indictment can only happen after the first interview of the person in front of the JI"...
I could go on explaining the fine details of this law... but I think you got the picture.
Oh, and about your "string of cases"... I'm really sorry to say it... but you totally misinterpreting them. I mean... radically.
See Walser v. France => The problem was that the plaintiff in this case was arrested to be presented to a JI, she (the plaintiff) was then held in custody of the police for more than the legal 48h (58:30 actually) and the only had her first meeting with the JI and was then indicted, benefiting of all rights and protections of the indicted (a lawyer, access to the role of events and her own file etc.). The ECHR says it right away, the problem was the lack of due diligence by the police, not the arrest in itself. The European Judges said that the maximum time to be detained before a presentation to a prosecutor is 48h outside of extraordinary situation (Like the case I cited of Medvedyev v. France, where since it was an extraordinary situation (Medvedyev and all where caught in the middle of the ocean 10 days away from the nearest French coast, so they said that since they where presented right away to a judge after landing, it was legal).
So clearly the Good Court of Strasbourg is not objecting the fact that the suspect was forced to surrender to French police to be then questioned by the Judges and Prosecutors. The Wise Court is saying that police waited too long and thus abused authority. And French law was modified accordingly, creating the articles 803-2 803-3 in the CPP saying that the suspect must be presented in the legal time and quicker possible.
Oh... but maybe you're referring something happening at a totally different moment in the procedure. Yeah... you know, the act of surrender as a prisoner... just before a supreme court trial if, and only if he had been judged guilty by the appellate court. Nothing to do with the indictment, the investigation and everything. It's only that French law required that if an appellate court said you were guilty and sentenced you to a prison sentence, then you had to first go beyond bars to be able to require an appeal in front of the supreme court. This element of law has been deleted of French law in 2000, yes. But has nothing at all to do with the present case. And as I show, the Court is perfectly fine with authorizing the police to arrest people so they can be presented to a judge to be indicted and then investigated, which is exactly what is going on here with Assange... This cases are filled in the Access to a Tribunal Rights at the ECHR books, not the rights of persons being investigated.
TL;DR: Omar and etc. are cases concerning the fact that in France before 2000 if you where sentenced to prison by an appellate court, you had to surrender yourself to the police in order to be able to appeal to the Supreme Court. If you were on the run, your lawyer couldn't file an appeal to the Supreme. But this has nothing to do with the present case. Since Assange already filed complaints in Sweden about decisions by the prosecutors and etc. And the ECHR is perfectly fine with an arrest in investigations, provided it is to present the suspect to a prosecutor or judge (and some other cases also).
Finally : Assange has a fundamental right to file appeal even if he is on the run. But the prosecutors have the right to ask police to bring Assange by force if he denies coming willingly.
---- Now speaking of the other comments you made : ----
On the subject of respect of the rule of law by Sweden and UK, you are right. Nothing impedes UK and Sweden than become worse than China on that matter. BUT, frankly... that kind of thing does not happen out of the blue. Guantanomo and Pvt Manning is out of scope, that's US, and we both agree that Justice in the US is quite needing in everything that concerns """"National Security"""". We are speaking of Sweden and UK here.
Oh and... about the special relationship... sooo if this relationship is so special... and since, I pretty sure Sweden's relationship with US is not at allll that special, why the hell would he be afraid of going to Sweden to be extradicted to the US ?
And there is a lot of things changing in French procedural law... but this is not changing. Judges of Instructions are not considered against ECHR and the rule that make it a requiremnt to present a suspect before the judge before any indictment... is actually more respectful of ECHR law than otherwise (see. 5.3 of the European convention on Human Rights).
And btw you know, China is not the UK or Sweden...
Oh and please ? Are you serious about the "adopting names from the US System" isn't that a proof of submission !" No it's not...
And yeah... rape is actually one of those things that Interpol almost always investigate if it's crossborder. It's actually not strange at all... To Interpol, it's rape. Which is considered a very serious crime. Period.
(Well... maybe I'm just not good at it... )
I don't know about the rest, but of what I know of ECHR (which is not nothing, being a student in law in an european country), this is false. The ECHR actually rendered a decision about this in an affair concerning France (a very important affair that is changing a lot in procedural French law so it's troughtfully studied here in France). It's the case Medvedyev v. France (29 mars 2010 (yes it's that recent)). In this case a group of men were arrested in High Sea, by police, and they were then under arrest for days before appearing in front of a prosecutor. They contested this as contrary to their human rights to not be held under arrest without presentation in front of a judge. And they lost... (they lost on this point, they won other ones in the case) because the police did everything they could to actually be as fast as possible, so the article 5.3 of the ECHR was respected.
So Assange has a fundamental right to be presented to a judge/prosecutor before any arrest. BUT, he can be forced to appear in front of the judge. And he has no right to resist being arrested if this arrest has the sole purpose of putting him in front of a Swedish prosecutor.
So well... You know.. if this guy is wrong about one of the most important decisions by the ECHR in the last 10 years, then I tend to think that he may be wrong about other things he says with such "confidence".
I don't know Swedish law at all. But actually in French law (my domain of study) in a criminal case assigned to a "Juge d'instruction" (who acts more or less like a prosecutor), no indictment ("mise en examen") is possible without a physical presentation to the "Juge d'Instruction".
So I know of at least One other set of laws where the idea that someone cannot be charged without a formal presentation to the "prosecutor" is a fact, so it's not unthinkable that the Swedish law can be similar in that matter. And you will need more than : "No it's not true" to convince me that three consecutives Courts including a High Court made a mistake on this point.
Edit about your edit : I think that your argument of authority is invalidated by the presence of three decisions by UK courts that took their decisions after hearing counsels and legal experts on both sides of the question.
For instance, the remove-item commandlet, its description goes like this "The Remove-Item cmdlet does exactly what the name implies: it enables you to get rid of things once and for all. Tired of the file C:\Scripts\Test.txt? Then delete it"[1]. No UAC prompt. Bingo, let's start erasing this annoying C:\Users\Username\Documents.
And this is only one example, give me 1 hour and I can find several ways to fuck up your computer with a powershell open :-).
I pay 63€ for a nominal 100MBps fiber connection + free calls from my landline (to other landlines in most of the world (more than 100 countries, and all the big ones (but neither Africa nor the Middle East)) and mobile phones in France and US), plus 170 televion channels (that I don't watch anyway), plus a femtocell device, plus a smartphone subsidized (2 years contract) with illimited calls to other mobiles or landlines in France, free SMS and MMS, 1Gb of "high speed" (in average 2Mbps) 3G , after 1Gb it switches to low speed (512Kbps). Oh, and I get Spotify Premium. All that for 63€ a month (That's 78 american $) (but I'm in a 24 months contract) It's quite the usual "quadplay" offer (Television + Phone + Internet + Mobile Phone) here in France. There are cheaper ones.
So yeah, at 200$ there is somebody being ripped off. But the Google 120$ option doesn't seem too bad, it's a little less than twice the price I pay here in France, but with great goodies like the tablet, and an incredible 1Gbps... Ten times my official speed. So the markup is deserved.
To French people, I have the SFR MultiPack offer with the Carré Web + the Spotify Premium at 5€ option, and the Classic Fiber option (not the Evolution one) cf. http://www.sfr.fr/mobile/multi-packs-de-sfr-mobile-et-adsl.j...
You should google : Golden Ratio Myth.
Or if you're lazy : http://goldenratiomyth.weebly.com/index.html http://www.maa.org/devlin/devlin_05_07.html
(Maybe you were just being ironical and funny... but you know.. Poe's axiom and all. Hard to tell apart what's irony and what's misinformation without a smiley ;-) )
And, plus, your lecture of the French customs is radically different from mine. I do not recognize myself and my compatriots in what your describing. Never saw someone react like your saying of photography. So maybe... you should remember that you're not Levi-Strauss, you just saying what you think about french... It's a commonplace your spreading like "French people are cocky and smell" or "Americans are stupid, you know that they don't believe in evolution". What you're describing is at most a fringe behavior. Neither you nor I are sufficiently aware of the inner complexity of French society (or American, of Papuan) to make so bold judgments. You say it's normal. I say it's not. Who's right ? I'm as French as you are, and no less expert than you (by no less I mean => Not at all). It's you say, I say. No solution for it.
Then you say that it's not about the letter of the law, but how it's enforced. Ahh, then we are coming to a matter that I know a little better than anthropology, see, because I actually had to deal with the police, I've spent time in prison (happily not as an inmate), I've studied law and you know... it's applications. Because, even if a lot of people think we keep our heads in the letter of the law, we actually spend a lot of time trying to understand what's actually the practice of it. And heck, I even had to go report some small felonies that against my very person, and not other people.* And what you're reporting as the "attitude" of the police, is pretty much what almost every layman think of them. Because most of the population despise the police, and think they're useless etc. etc. But you know what, It's not accurate. Yes there is some truth to it. Yes the police won't do all that the law ask them to do. Yes they do a lot of abuses (holy shit, a "PV d'arrestation" is some of the funnier readings you can find around, it's what I read when I need to take a break). And yes, you can come up with a lot of stories of people who had terrible experiences with them (but yeah you know what, no one who had good experiences with the police brags about it), and cases where the police did nothing about a serious case etc. etc. The French police tv series like PJ, Navarro, etc. are full of those. But, well, go to a tribunal, and look at the roll of cases you'll see that the second or third chief of accusation is "violences volontaires ayant entrainé une ITT de moins de 8 jours" (behind small drug related affairs and small theft). But you're right almost half the time it's not because of the 222-13 of the Penal Code. But under Art. R.625-1 of the same Code (section reglémentaire). It's a misdemeanor, fifth class. 3000€ of fine. It's not much... but you should not forget that the 21 special cases described in the 222-13 that transform the misdemeanor in a felony are really broad. And in the situation described, it is almost certain that the Special case n°8 is qualified (if more than one person participated in the assault, but there is a lot of special case so broad as : if the person was drunk or under effect of some drug, if the person acted upon premeditation, because of the race or sexuality, if the victim is an infirm, pregnant, old, under 15 etc). The Public Ministry knows how to make sure you can be arrested under the 222-13.
But, then anyway, even if you fall outside of the the 21 special cases, you can still have a financial penalty. And by the way, even if ITT has the word Travail in it (work) it has nothing to do with your work capacity (yeah I know, it's an horrible name, legal people are trying to change it to Total Temporary Incapacity)(heck, how would we measure it for babies?). It measures how your day-to-day life was affected. If your disturbed in your normal routine (be it crying all the day for mommy to clean your mess if your a baby) for a week, then you have an ITT of 7 days. But if your emotionally distressed for a week... it's the same. Even if you can still go to work. Anyway, as I said, is a standard measure used by doctors to communicate with the Justice. Break a jaw, and you've got 15 days. A nose ? Between 6 and 20 days. Bruises ? 3 days. Difficulties to sleep after the fight because of stress and nightmare ? between 2 and 10 days (depending on you capacity to lie to the doctor). Got two of those ? Sum it.
So yeah in a bar fight where you only end up with some bruises, no one is going to the jail. Only a 1000€ fine, and 500€ in damages most of the time. But a fight of 2 picking up on somebody ? Felony. And it's what we have there.
But why are you talking about this ? I thought you were all about how the laws are enforced and not the letter. Well, and you know what, based on what I've seen (Créteil/Bobigny) (and it's maybe anecdotal), those kind of cases clutter up the Tribunal de Police. Seriously. And to a lesser extent, the Tribunal correctionnel. And in a lot of those cases of "small" assaults, there was some kind of non-violent provocation. Of course if you punch someone in the face and get punched back, the case is not going to a tribunal, but if you say : Fuck you to some one and get a big punch in the face, you should go to the tribunal, your probably winning easily, not much, but still, somewhere a policeman will hear you and send your case to the Public Ministry, who will be pissed off, with this, but at least make a Rappel a la Loi if it's a misdemeanor.
So in this case, where there wasn't even a provocation in my understanding (but for you, it seems that all French people get mad at people taking photos), there is no reason not to follow up and pursue those 3 guys at MacDonalds. And from my experience, had he been French or at least European, the police would have (maybe they are and we do not know) (Well... if the story is true... obviously).
I've actually met a person in jail who had punched someone in the face, after being called son of a bitch, but the victim fell with his head against a chair and passed out for several hours. The perpetrator was in recidivism situation so he ended up with 6 month in prison.
In plain English : Please stop saying what things ARE. And start saying what you feel/think things ARE. Principally when you're speaking as if you where an expert, and mainly conveying "conventional wisdom" which most of the time is not totally accurate, to be kind.
PS : You should read the annotated version of the law, you know the 'Code Penal' Red Book by Dalloz, not just legifrance. Because legifrance does not have the jurisprudence, and analysis of articles and interconnections in the law.
So it's quite bastard... problematic.
Your reading is quite unfortunately not totally correct. A child born or not in France is in theory undeportable, even if their parents are from Mars or undocumented (which seems to be the same to some people...). Actually, under 18 it's impossible to be undocumented... because there is no document to authorize a child to live in France, they all have naturally this right. No visa, nothing.
EXCEPT (there always a fucking horrible exception), if you came into France without requesting a Visa (that is not needed... but you must request it... go figure...) and entered France coming from another state of the European Union (thanks EU for your horrible immigration law). Then the kid can be sent back to the EU country he came from... which is free to deport the kid if the law of this country allow it. (Well except if he came into France without parents... then he is not deportable again).
But then the worse is to come. If the parents are undocumenteds... well, their kid is not deportable... but they are. It's been a long time France dealt with the "anchor babies"... and in the most hypocrite way. So the parents have a choice : Go with their children, or abandon their children... I kid you not. And I let you imagine what most of parents end up deciding... And no, the answer is not what most fox news talk show hosts would think, since they think that these parents only have those children to have documents. It's sad... but we have problems with the far right since much longer than you... the damage they've done to our law is staggering.
So the final answer is yes. A kid of undocumenteds born in France, can be deported (""""at his parents choice""""), and then he will not be able to respect the 5 years requirements, and not be French at all.
I hope the actual administration is going to change something about that... but well.. I know the won't.
But, you can ask for the French nationality before, as early as the age of 13, if you lived there the 5 preceding years. The difference is the automaticity, at 18 it's automatic, before that it's on request.
And under 18, everyone has more or less the same rights, not withstanding the nationality.
And actually, official translation are horribly expensive.
Actually, the only situation when police really don't do anything, is when you come to them with petty crimes/misdemeanors and are unable of right away identify, or provide something to easily identify the offender. I've rarely seen the police not acting when evidences of identity are provided. Like in this case. If they didn't react... it's probably because the victim wasn't European... so taking on this case would be complicated and probably end in nothing. Because most often, when the victims are strangers the case tend to end in the trash after a while. And policemen don't like the idea of doing work for nothing. But they should do it. And act more often than not.
Note : Actually the Police may be doing something, but he OP don't know it. Because what's true about French policemen, is that they're horrible at communicating.
And please the ... "Also, "assault" is very different here than in the US; grabbing someone by the arm or pushing him around isn't considered assault (more like a disagreement)." the description of what happened is not just "grabbing someone by the arm". But anyway you're wrong, because even in that situation, grabbing someone by the arm an pushing him around is quite exactly the main case of application of Article 222-13 of the Penal Code, under the condition n°8. And the Criminal Chamber of the Cour de Cass' has said millions of times that an actual physical assault is not needed to qualify assault (which in France is called 'violence volontaires'), but only a psychological one, or something that shocked emotionally someone is enough. So yeah... it's maximum 3 years and 45k€ in fine for each of the 3 perpetrators.
Oh, and by the way... if you think that punching a man in the face just because he entered your home without authorization and took a Coke is enough to justify legitimate defense your totally wrong. And you should go live in Florida with Mr. Zimmerman. No it's not. The legitimate defense of property (because the guy wasn't menacing you physically, just abusing your property require some details like : Asking the guy to drop the can and get the fuck out of your house before attacking him physically. And that the retaliation is proportionate. The punch, if soft, would pass this test. The gun certainly not, not for a Coke. And if you broke is nose and jaw, probably not.
Please everyone, do not take what anyone saying his french as an expert opinion on French society and French law (sadly, this also includes me).
Your argument, is a fallacy.
Same applies for any form of art who's also a form of massively popular entertainment. Like movies. If women or blacks where always represented like dumbasses with big boobs or big dicks, even if it was art, a call for change would be welcome.
So even without the article 27, it should have been stricken down (with small exceptions like brand protection etc). Let's not have a fight just to save what concerns us most directly, but for a new conception of copyright, patents and the entire intellectual property landscape.
And it's not at all a reasonable strategy. A reasonable strategy is when you minimize the worst possible outcome of the strategy. This is maximizing it... while at the same time maximizing the best possible outcome. There is no way this is reasonable. It's a bet. A risky bet strategy. Might work... but computer history will remember it as a bold risk.
[Edited for typos]
We should never think that prison "should" be the solution for anything. That's the reason there is 4.5 times more persons in prison per capita in US than in NZ [1].
In continental Europe we tend to consider that prison is there as a punishment for really severe things (killings, sexual abuse, severe drug trafficking etc.) OR a way to avoid reiteration. If there is no risk of reiteration and the damage was light, then fines and other non-socially disruptive punishments are better suited.
And your conception that : private citizens always end up in prison so should government representatives, is wrong. If private citizens always end up in prison, then that's a problem that should be solved... not ampliated by putting more people behind the bars. Your vision almost sounds to me like a bitter revenge : "Hiii, we pooooor citizens always go to jail, they should taste their own medicine". No, the least prison, the better.
The best example of this is your terrible transformation of an important Judicial principle. You wrote : « Better a few government employees behind bars "unfairly" than more than a few citizens behind bars "unfairly". »
Dude. Read yourself. There is no way, people behind the bars unfairly is better than anything. It's the wrost thing. Remember the Blackstone Principle : "better that ten guilty persons escape than that one innocent suffer".
And finally, do not forget that police is by essence making mistakes, it's impossible not to do, because they do something called investigation. If they were only to act in full certainty, then they would almost never act. They gather data and facts about a possible crime, and they have to use force to do that, and then they send all of this to a judge who will decide if there is enough to effectively find someone guilty or not. What you are asking for, is that police only act when they're so certain of the guilt that there is almost no need anymore for a trial. The judicial system cannot work like that. You must allow police force to make mistakes... or we're going to end up with police acting like Judge Dredd.
Which by the way does not mean there is not going to be any punishment, and if they do some really grave trespassing, then they might even end up in prison. It's a question of scale.
[1] http://www.nationmaster.com/graph/cri_pri_per_cap-crime-pris...
Maybe you're speaking of the fact that most democratic judicial system have a tendency not to send everyone to prison ? I understand that this seems strange in US... but in most places, prison is really the last resort. And I'm happy that people are not sent to jail jail for mistrials. Or for abuse of the judicial system. If I had a risk of imprisonment... I'll probably not even risk any judicial process... too risky.
I think your being quite silly in there.
It's right that the final pirate is not making money... but the pirate in the middle is.
Because your saying that you "observe" that a company who supported a certain group of hackers, got hacked back by someone we don't even know (maybe UGNazi, but who knows for sure). And then you look at it as if it was "funny" saying something like "see, no honor between thieves".
But... there's no point. Yeah because they got hacked like any other company could have been to get access to some of their clients data. And it's not like if what they did for LulzSec was to protect themselves of those sort of attacks. It's totally unrealistic to think that just by "helping" a group of hacker they would be totally immune against attacks from other groups. Imagine if Google also had helped a pair of hackers guys, would you except that the others hackers, decide, for honor, to not attack Gmail anymore ?
The funnier part is... that I'm giving some bucks anyway just to have Psychonauts (because it's from Double Fine) and because I can't imagine not to have ALL the Humble Indie Bundles :-)