Taking part in a demonstration: what the law says

A participant in a notified demonstration has no formality to complete. Responsibility for the notification rests with the organisers. A participant must of course still respect the law: no violence, no damage, and compliance with the authority’s lawful instructions.

Taking part in a banned demonstration is a fourth-class petty offence (article R644-4 of the Criminal Code), with a fixed fine. Check the situation before travelling: ban orders are published by the prefectures.

An unlawful assembly is any gathering of people on the public road or in a public place likely to disturb public order. It may be dispersed by the police after two orders to disperse have had no effect (article 431-3 of the Criminal Code).

Voluntarily continuing to take part in an unlawful assembly after these orders, without being armed, is punished by one year’s imprisonment and a €15,000 fine, raised to three years and €45,000 when the person conceals their face so as not to be identified (article 431-4).

Since the law of 10 April 2019, article 431-9-1 punishes with one year’s imprisonment and a €15,000 fine voluntarily concealing all or part of one’s face, without legitimate reason, within or near a demonstration on the public road during or after which public order disturbances are committed or likely to be committed.

The text does not define “legitimate reason”: it is for the judge to assess case by case. If you have a health or protection reason to cover your face, keep in mind that this assessment exists.

Taking part in a demonstration or a public meeting while carrying a weapon is an offence punished by three years’ imprisonment and a €45,000 fine (article 431-10 of the Criminal Code). The authority may also ban, within the perimeter of a demonstration, the carrying or transport of objects that could be used as weapons (article L211-3 of the Internal Security Code).

The police may check anyone’s identity under the conditions of article 78-2 of the Code of Criminal Procedure: suspicion of an offence, or written requisitions from the prosecutor for a specific place and period. Going knowing that these checks are possible helps you prepare.

None of the following is a legal obligation, but these habits reduce risk:

• Tell someone close where you are going and when you plan to return.
• Bring water, a charged phone and any medication you need.
• Spot several exits and a meeting point in advance.
• Follow the organisers’ stewards and leave if the situation becomes tense.