Section 4: Liability and protection of elected representatives

The local authority is obliged to grant its protection to the president of the territorial council, to the territorial councillor deputising for him or her or who has received a delegation, or to one of these elected representatives who has ceased to hold office when he or she is the subject of criminal proceedings in connection with acts that do not have the character of misconduct detachable from the performance…

The president of the territorial council, the vice-presidents or the territorial councillors who have been delegated benefit, on the occasion of their duties, from protection organised by the local authority in accordance with the rules laid down by the penal code, special laws and this code. The local authority is obliged to protect the president of the territorial council, the vice-presidents or the territorial councillors who have been delegated against…

Subject to the provisions of the fourth paragraph of Article 121-3 of the Penal Code, the President of the Territorial Council or a Territorial Councillor deputising for him or having received a delegation may only be convicted on the basis of the third paragraph of this same article for unintentional acts committed in the performance of his duties if it is established that he did not take the normal care…

The local authority is subrogated to the rights of the victim to obtain from the perpetrators of the offences referred to in the second paragraph of article LO 6434-8 the restitution of sums paid to the elected representative concerned. It also has a direct right of action for the same purposes, which it may exercise, if necessary by bringing a civil action, before the criminal courts.