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PoliticsFrench Constitutional Council strikes down genetic genealogy use in Darmanin justice reform
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On July 23, 2026, the French Constitutional Council censured several measures of the criminal justice bill championed by Justice Minister Gérald Darmanin, notably the use of genetic genealogy to solve investigations, particularly cold cases. The Council ruled the measure unconstitutional due to insufficient safeguards balancing offender pursuit and privacy rights, noting it violated France's ban on recreational genetic tests. However, the Council validated key contested measures including the creation of departmental criminal courts (CCD) to try recidivist crimes, reduced deadlines for lawyers' motions to dismiss, and extended pretrial detentions. Darmanin welcomed the validation, stating the measures would accelerate scheduling times and strengthen efficiency for victims. The bill was definitively adopted on July 9 after the withdrawal of its controversial plea bargaining provision.
Source report
Paris — France's Constitutional Council has censured several provisions of the criminal justice bill championed by Minister of Justice Gérald Darmanin, including the use of genetic genealogy for criminal investigations, according to a decision published Thursday, July 23.
The bill was definitively adopted on July 9 in a significantly reduced form, following the withdrawal of its controversial "plea bargaining" measure.
Key Rulings
Reviewing the final text, the Constitutional Council ruled that the use of genetic genealogy — proposed to solve certain cases, particularly cold cases — was unconstitutional. The institution stated:
"The legislator did not provide legal guarantees to ensure a balanced reconciliation between the constitutional objective of finding perpetrators of offenses and the right to respect for private life."
The text had authorized consulting databases of private companies, typically American firms offering recreational genetic tests that are banned in France. The Council noted that this violates the French criminal prohibition against soliciting and conducting such analyses.
Additionally, the Council:
- Censured an article creating a status for judicial police psychologists
- Expressed reservations about other articles without censuring them
Measures Upheld
The Council validated several provisions, including:
- Jurisdiction of the departmental criminal court to try crimes committed in a state of legal recidivism
- Reduced deadlines for lawyers to file motions to dismiss
- Extension of certain pretrial detention periods
Minister's Response
Gérald Darmanin stated on X that the Constitutional Council had ruled the "main measures" of the law constitutional, particularly "the new departmental criminal courts (CCD) and the reform of procedural nullities" — both highly contested by lawyers.
According to the minister:
"These new measures will significantly accelerate the scheduling times of our criminal justice system and strengthen efficiency and proximity in service of victims."
Le Monde with AFP
Source
Politique : Toute l’actualité sur Le Monde.fr.Western
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French Constitutional Council Strikes Down Genetic Genealogy Use in Darmanin Justice Reform