The mayor or the elected municipal representatives deputising for him or having received a delegation benefit, on the occasion of their duties, from protection organised by the municipality in accordance with the rules laid down by the penal code, special laws and the present code.
The municipality is obliged to protect the mayor or the elected municipal representatives deputising for him or having received a delegation against violence, threats or insults of which they may be victims on the occasion or as a result of their duties and to compensate, where appropriate, any damage resulting therefrom.
The protection provided for in the previous two paragraphs is extended to the spouses, children and direct ascendants of mayors or elected municipal representatives deputising for them or who have been delegated where, as a result of the latter’s duties, they are the victims of threats, violence, assault, insults, defamation or insult.
It may be granted, at their request, to the spouses, children and direct ascendants of mayors or municipal councillors deputising for them or having been delegated, who have died in the performance of their duties or as a result of their duties, on account of the acts at the origin of the death or for acts committed subsequent to the death but as a result of the duties performed by the deceased councillor.
The municipality is subrogated to the rights of the victim to obtain from the perpetrators of these offences the restitution of the sums paid to the councillor concerned. It also has a direct action for the same purposes that it may bring, if necessary by bringing a civil action, before the criminal court.
The commune is obliged to take out, in an insurance contract, a guarantee to cover legal advice, psychological assistance and the costs that result from the obligation to protect the mayor and the elected representatives mentioned in the second paragraph of this article. In municipalities with fewer than 3,500 inhabitants, the amount paid by the municipality for this subscription is offset by the State under the conditions set out in article L. 2335-1 of this code.