Partial Dismissal of the Appeal against a Conviction for Threats, Insults, and Riot

Facts

- On May 8, June 9, and June 12, 1971, demonstrations organized by the Comité d'action cinéma (CAC) took place in Lausanne against the prices of movie theaters. These demonstrations sometimes degenerated into riots with violence and threats towards the authorities. - Following these events, several people were convicted by the Police Court of the District of Lausanne, and then by the Criminal Cassation Court of the Vaud Cantonal Tribunal. - Five of them appealed for nullity before the Federal Tribunal, concluding for their acquittal or the granting of a suspended sentence.

Considerations

1. Regarding the threats (Art. 180 and 181 CC) - Although one of the police officers did not feel fear, the other was afraid, which is sufficient to fulfill the condition of Art. 180 CC. The appellant's remarks, combined with the fact that he incited other demonstrators, show that he intended to alarm the police officers. - However, as the threats were a means of pressure to force the police officers to leave, it is Art. 181 CC (coercion) that applies, and not Art. 180 CC (threats).

2. Regarding the insults (Art. 177 CC) - The first judges did not violate federal law in considering that the conditions of Art. 177 CC were met, as the appellant's remarks were intended to express his contempt for the police officers.

3. Regarding the riot (Art. 260 CC) - The acts of violence retained by the first judges, in particular the forcing of the cinema doors on May 8, have a collective character and can be qualified as violence within the meaning of Art. 260 CC. - On June 9, the prevention of access to the cinema by a threatening crowd also constitutes a riot, even in the absence of…