Police officer accused of violence against children: the Court of Cassation does not recognize a right to correction for parents

The Court of Cassation overturned the decision of the court of appeal to acquit a police officer convicted in the first instance for family violence, clarifying the 2019 law that prohibits parents from using physical and psychological violence.

The Court of Cassation rendered its judgement on Wednesday, January 14 in the case of the police officer accused of violence against his ex-wife and their two sons. In its statement, consulted by franceinfo, the Court “censures the reasoning of the court of appeal.” The 48-year-old police officer had been acquitted by the court of appeal in Metz (Moselle) in April 2024. The Metz prosecutor general, who had requested 18 months of suspended prison sentence, then appealed to the Court of Cassation.

The Court of Cassation reminds that there is no ‘parental correction right’, neither in French law, nor in international texts, nor in contemporary case law. The Court emphasized that violence, whether physical or psychological, is punished regardless of its nature. The decision of the court of appeal has therefore been overturned, and a new trial will take place to re-examine the father’s guilt.

During the appeal hearing, one of the police officer’s children, then 13 years old, testified at the bar. He expressed fear of being insulted, hit, and strangled when returning from school. The teenager mentioned intimidation and cold showers for poorly done homework. The father, a police major, supported by the former head of his union, admitted to a strict upbringing, including a few spankings, but denied beating his sons.

Ultimately, the police officer – initially sentenced to 18 months of suspended prison by the Thionville court – was acquitted. The court of appeal had justified its decision based on an expert psychologist’s conclusions that found no signs of abused children and noted that the violence was not gratuitous but a result of misbehavior without physical injuries.

The court of appeal had notably argued that a ‘right of correction is recognized to parents’ according to international texts and French law positivism. However, since 2019, the law states that ‘parental authority is exercised without physical and psychological violence,’ prompting the prosecutor general to seek the Court of Cassation’s opinion on the legality of the ‘right of correction’ in French law.

Patrice Spinosi, representing the complainant before the Court of Cassation, described the decision as a “principle decision” that confirms that there is no educational correction right. Spinosi emphasized that any act of violence towards a child must be punished, with no room for acts justified by a supposed educational duty. This ruling will apply to all French jurisdictions moving forward.

This decision has garnered support from Céline Astolfe, a lawyer at the Foundation for Childhood, who intervened voluntarily before the Court of Cassation. According to Astolfe, the right of correction is medieval and should be entirely prohibited. She praised the ruling for firmly establishing the prohibition of any physical or psychological violence by a parent towards their minor child, emphasizing the importance of confirming such principles by the highest court.