A red nose for Carine de Saint-Martin (Frasnes-lez-Anvaing), bulging eyes for Aurélien Brabant (Pecq), a full beard for Nicolas Dumont (Leuze-en-Hainaut)… They did not fail to react and to use to their advantage what is still convenient to call “little jokes”.
On the other hand, for others, the ballpoint pen is less pleasant. In Antoing, some Go and PS candidates suffered Hitler mustaches, “big idiots” but also various more harmless graffiti. Gauthier Dudant (PS) and Jean-Bernard Vivier (Go) had, by mutual agreement, announced that they would file a complaint if the situation deteriorated, “but that was not the case”, reassures the mayor of Anthony.
On the other hand, in Beloeil, Lise Amorison and her “Dare 2024” list did indeed file a complaint, denouncing a more dramatic situation linked to racism. On a group poster, the candidates of foreign origin were cross-hatched and one wearing the veil literally torn off.
Few complaints and few results
What do the perpetrators of this damage risk? The law on this subject seems poorly understood given that very few complaints are filed. “There is little chance that a complaint will really be successful,” explains Frédéric Pettiaux of the Ath police zone. “Especially in places where, like us, there are few cameras. There should be have a denunciation to find the suspect.”
And even in Mouscron where many cameras are installed, it is not always a success: “we were informed of a poster being torn down, but there was no camera there. The investigation is still ongoing “, indicates Magali Delannoy, communications manager for the Mouscron police zone.
At the prosecution level, the division prosecutor, Frédéric Bariseau, does not remember having had to deal with this type of complaint, which may mean that very few (if any) of them are successful, already that they are relatively rare.
Up to one year in prison
However, different police zones affirm it: they are more vigilant when it comes to a racist, xenophobic, homophobic act, etc., in other words, an incitement to hatred. However, if a suspect is arrested in this context, he would fall under article 444 of the Penal Code and the law of July 30, 1981 tending to repress certain acts inspired by racism or xenophobia, according to the division prosecutor. The individual would then be “punished with imprisonment of one month to one year and a fine of fifty euros to one thousand euros, or one of these penalties only”.
If it is a simple graffiti, the author can also be reprimanded by the law. Article 534 bis of the Penal Code provides for “imprisonment of one month to six months and a fine of twenty-six euros to two hundred euros or one of these penalties only”.
