The Games Spectator's Guide: find out about infringements of French law

French law prohibits obvious drunkenness in public places (R.3353-1 of the French Public Health Code).

It should be noted that French law does not establish a blood alcohol level for determining ‘obvious drunkenness’, which is therefore assessed by the police, depending on the situation.

French law also makes it a criminal offence to enter a sports venue while drunk during the staging or public broadcasting of a sporting event (L332-4 sports code). It is not necessary for a person's state of drunkenness to be obvious in order, for this offence, to be defined and possibly sanctioned.

Being obviously drunk in a public place is a class 2 offence, punishable by a fine of up to €150.

Anyone found guilty of entering a sports venue while drunk is liable to a fine of €7,500. As an additional penalty, the offender may also be subject to a stadium ban (L332-11 of the French Sports Code). This may be replaced by a ban from French territory for a maximum of 2 years if the convicted person is of foreign nationality and domiciled outside France (L332-14 of the French Sports Code).

Article L235-1 of the French Highway Code prohibits driving a vehicle under the influence of drugs, regardless of the substance consumed.

It is also a criminal offence to drive under the influence of alcohol, where the blood alcohol level is equal to or greater than the authorised levels. It is therefore forbidden to drive with a blood alcohol level of 0.5 g/l or more. This is equivalent to 0.25 mg of alcohol per litre of exhaled air.

Driving under the influence of drugs is an offence punishable by up to two years' imprisonment and a fine of up to €4,500.

The penalties for drink-driving vary according to the level of alcohol in the blood or breath:

• where the blood alcohol level is equal to or greater than 0.5 g/l and less than 0.8 g/l, it is a class 4 offence punishable by a fine of up to €750 and suspension of the driving licence for up to 3 years (R234-1 of the French Highway Code);
• if the blood alcohol level is equal to or greater than 0.8 g/l, the offender is liable to two years' imprisonment and a fine of up to €4,500. The suspension or cancellation of the driving licence can also be ordered by the court (L234-1 of the French Highway Code).

French law prohibits the use, i.e. consumption, of controlled drugs. Around 200 psychoactive substances are banned and referred to as stupéfiants (controlled drugs) : cannabis, ecstasy, cocaine, etc. This prohibition applies to all consumption, whether individual or collective, private or public, occasional or repeated, with the sole exception of controlled substances contained in prescription medicines.

The use of narcotics is an offence punishable by up to 1 year's imprisonment and a fine of up to €3,750 (Article L3421-14 of the French Public Health Code).

Possession of small quantities of controlled drugs for personal consumption may give rise to the application of a simplified procedure: a fixed fine of €200 is then incurred. Depending on payment times, the amount may be reduced to €150 or increased to €450. A fixed fine does not require a court judgment.

French law makes it a criminal offence to incite hatred, violence or discrimination by provoking a hostile reaction against a person or group of people on the grounds of their origin, membership or non-membership of an ethnic group, nation, race or religion, their gender, sexual orientation or disability (Article 23, 24 paragraphs 7 and 8 of the law of 29 July 1881 and R625-7 of the French Criminal Code).

A single motive is sufficient for the offence to be defined, i.e. the comments may be of such a nature as to incite others to discrimination, hatred, violence or all three.

French law punishes both public incitement, i.e. when the words or content can be seen, read or heard by the public (on a social network, for example), and non-public incitement, i.e. when it takes place in a restricted group.

French law also provides for the offence of incitement to hatred or violence at a sporting event, which consists of ‘inciting spectators, by any means whatsoever, to hatred or violence towards a referee, a sports judge, a player or any other person or group of persons’ during a sporting event or the public broadcast of such an event in a sports venue (L332-6 of the French Sports Code).

Public incitement to hatred, violence or discrimination is an offence punishable by up to one year's imprisonment and a fine of up to €45,000. The judge may also decide to post or broadcast the sentence.

It should be noted that if it is proven that a crime or offence was committed as a result of incitement to hatred, violence or discrimination, the perpetrator of the incitement is considered to be an accomplice to the criminal or offender. This means that the instigator and the perpetrator of the crime risk the same penalties.

Non-public incitement is a class 5 offence, punishable by a fine of up to €1,500.

The offence of inciting hatred or violence at a sporting event is punishable by one year's imprisonment and a fine of €15,000. A stadium ban, for a maximum of 5 years, must be imposed on those guilty of this offence, unless the judge decides otherwise. If the convicted person is of foreign nationality and domiciled outside France, the court may replace this penalty with a 2-year ban from French territory.

An insult is a word, writing or expression of thought addressed to a person with the intention of hurting or offending that person. Defamation is the assertion of a specific fact that damages a person's honour or reputation.

More specifically:

• an insult does not refer to any specific fact ;
• French law punishes both public insult and defamation, i.e. comments or content that can be seen, read or heard by the public (on a social network, for example), and non-public insult and defamation, i.e. when the acts take place in a restricted context ;
• insult and defamation are punishable, whether directed at public authorities or private individuals.

Public insult and defamation committed against public authorities or private individuals are offences punishable by a fine of up to €12,000 (Art 32 and Art 33 of the law of 29 July 1881).

Public insult and defamation of a discriminatory nature committed against an individual are offences punishable by 1 year's imprisonment and a fine of €45,000.

Non-public insult and defamation are class 1 offences punishable by a fine of up to €38 (articles R.621-2 and R.621-1 of the Criminal Code).

It is a criminal offence to carry or transport a category D weapon outside the home without a legitimate reason.

There are a number of points to be made about this offence:

• category D weapons are weapons that may be freely sold and possessed in France;
• the assessment of the legitimate reason considers the circumstances of time, place and context, and is performed on a case-by-case basis.

For example, a valid shooting licence is a legitimate transport permit for category D weapons and components used in sport.

Carrying or transporting a category D weapon is punishable by a fine of up to €15,000 and a maximum of one year's imprisonment . If the offence is committed as part of a group, the fine may be increased to €30,000 and the offender may be sentenced to two years' imprisonment . In both cases, the court may order the confiscation of the weapon.

However, if the weapon is voluntarily handed over to the police, a simplified procedure may be applied and a fixed fine of €500 is thus imposed. Depending on payment times, the amount may be reduced to €400 or increased to €1,000. A fixed fine does not require a court judgment.

French law prohibits soliciting, accepting or having sexual relations with a prostitute in return for remuneration, a promise of remuneration, a benefit in kind or the promise of such a benefit.

The penalties incurred by the client vary according to the age of the person engaging in prostitution:

• if the victim is under 15: the maximum penalty is 10 years' imprisonment and a fine of €150,000 (Article 225-12-2 of the French Criminal Code);
• if the victim is aged between 15 and 18: the perpetrator is liable to 5 years' imprisonment and a fine of €75,000 (Article 225-12-1 of the French Criminal Code). In the event of aggravating circumstances, this penalty may be increased to 7 years' imprisonment and a fine of €100,000 (Article 225-12-2 of the French Criminal Code).
• if the victim is an adult: the offence is a class 5 offence and the customer is liable to a fine of up to €1,500 (Article 611-1 of the French Criminal Code).

Sexist or sexual harassment consists of imposing on a person any comment or behaviour with sexual or sexist connotations that either violates their dignity by being degrading or humiliating, or creates an intimidating, hostile or offensive situation (Article R625-8-3 of the French Criminal Code).

More specifically:

• unlike sexual harassment, sexist offence does not necessarily require the repetition of reprehensible comments or behaviour;
• this offence can be committed in a variety of places, both private and public.

In France, anyone found guilty of sexist or sexual offence is liable to a fine of up to €1,500.

French law increases the penalties for this offence, particularly when it is committed by several people or by one person who abuses the authority conferred by his or her position (Article 222-33-1-1 of the French Criminal Code).

Quantitative thresholds are applied to tobacco and alcohol from non-EU countries, above which products must be declared and the corresponding duties and taxes paid (cf. Douane.gouv.fr)

In the case of undeclared imports of alcohol, offenders are liable to the following penalties: confiscation of the offending goods and a fine of up to €3,700.

If tobacco is imported without a declaration, the following penalties may apply:

• prison sentence;
• confiscation of the object of the fraud, the means of transport and the objects used to conceal the fraud;
• a fine of between one and two times the value of the object of the fraud.

Exceeding the authorised quantities of alcohol or tobacco from a member state of the European Union is punishable by the payment of consumption duties, a penalty of between one and three times the amount of these same duties, a fine of up to €750, confiscation of the products and a one-year prison sentence.

It is illegal to bring counterfeit products into France or to possess them. Possession of a counterfeit is punishable by a penalty of up to twice the value of the non-counterfeit item, confiscation, a €300,000 fine and 3 years' imprisonment.

The overflight of a prohibited zone by an unmanned aircraft (or "drone") is punishable under French law, whether the overflight is intentional or due to clumsiness or negligence. It is therefore the responsibility of the remote pilot to ensure that the area they wish to fly over is permitted, with information available on the website of the aeronautical information service..

French law also punishes the use of photographic equipment without special authorisation over zones where aerial data capture is prohibited. These zones are defined by a regularly updated interministerial decree (currently, the decree of 19 October 2023 published in the Official Journal on 21 October 2023).

According to Article L. 6232-12 of the French Transport Code the remote pilot of a drone who, through clumsiness or negligence, flies over a prohibited area of French territory faces six months' imprisonment and a fine of €15,000. The penalties increase to one year's imprisonment and a fine of €45,000 when the act is committed deliberately.

The act of unauthorized photography from an aircraft is punishable by one year's imprisonment and a fine of €75,000 (L. 6232-8 of the French Transport Code).

Furthermore, the remote pilot responsible for such acts may have their drone or any other object used to commit the offence seized and confiscated by the judicial authority (L. 6232-8 of the French Transport Code, L. 6232-13 of the French Transport Code).