Nuñez defends the government’s plan regarding the presumption of lawful use of weapons in police interventions

Paris – 06.07.2026: Interior Minister Laurent Nuñez reaffirmed the government’s position on Monday regarding the upcoming vote on Proposition de loi No. 691. The bill provides for a presumption of the legitimate use of firearms by the police and gendarmerie. Nuñez stressed that this is a rebuttable presumption: new evidence—for example video recordings or findings by the public prosecutor’s office—could disprove it at any time.

The initiative comes from the ranks of Les Républicains and was introduced by MP Éric Pauget. The revised version provides for a “presumption of legitimate use of a weapon.” In practice, this would shift the burden of proof in favor of the acting forces: the use of weapons would initially be considered justified, provided that necessity and proportionality are invoked. The details of the wording—whether it refers to a presumption of legitimacy or legality—are considered decisive for the standard of subsequent investigation.

Opposition comes from parts of the opposition, professional associations of the judiciary and human rights organizations. They warn that a legal presumption could weaken independent investigations into serious incidents and make judicial oversight of the state’s use of force more difficult. References to European case law emphasize the state’s obligation to ensure effective, independent and prompt investigations in cases of deaths or serious injuries caused by security forces. Left-wing MPs announced amendments and mobilizations against the bill.

Supporters from conservative groups, as well as representatives of police unions, argue that risks for operational personnel have increased and that the legal situation, perceived as unclear, hampers rapid decisions in dangerous situations. They point to cases in which officers have been subjected to lengthy proceedings even though their actions ultimately proved legitimate. Nuñez clarified that the public prosecutor’s office would remain in charge of proceedings and that the usual oversight mechanisms—internal investigations, IGPN reviews and judicial controls—should continue to apply unchanged.

The vote in the plenary session of the Assemblée nationale is scheduled for 7 July 2026. In addition to the wording, procedural consequences are at stake: what requirements will apply to rebut the presumption, how will bodycam and surveillance footage be secured, and what deadlines and transparency obligations will affect investigating bodies? Legal commentary notes that even minor changes to rules of evidence can have significant effects on investigative proceedings and on the public’s ability to understand decisions.

The issue touches on a long-standing conflict between security interests and rule-of-law oversight in France. Regardless of the outcome of the vote, the debate on the balance between police protection, operational effectiveness and the quality of independent investigations is likely to continue—with possible consequences for training, intervention guidelines and the handling of evidence in criminal proceedings.