French debate boundaries of reasonable self-defence after deadly jewellery heist

The glam and glitz of the French Rivera has etched itself a new facet in recent years, becoming a lucrative hotspot for thieves hoping to make away will millions of euros in gems and diamonds.

Jeweller Stéphan Turk in Nice REUTERS/Eric Gaillard

At the end of July, a brazen robbery resulted in a record-breaking 100 million euros worth of gems hauled out in broad daylight. Like other recent tales of thievery in the region, the robbers escaped the scene.

But a robbery last week in the centre of Nice took an unexpected turn after the jeweller fatally shot an 18-year-old who had held him at gunpoint.

The incident, which has left jeweller Stéphan Turk, 67, under house arrest at an undisclosed location, has sparked a debate in France on what constitutes self-defence or murder.

Turk shot the teenager as he was trying to make his getaway on a scooter with an accomplice and a bag of stolen gems.

The two robbers punched and kicked Turk as they held him at gun to open his safe, according to France’s news agency AFP.

Turk’s supporters – including one million social media users that have liked a Facebook page in support of him as of Saturday -- posit that this should be used as evidence in judging his decision to go after the robbers and fire three shots at them as they raced away.

"Armed, aggressive thugs attacked me," Turk said in a brief statement to French television. "I regret what happened, I regret that he is dead. But it was him who decided to do what he did. It is normal that I would defend myself."

But a judge Friday evening did not agree, and charged Turk with murder Friday evening. He was released from custody on the grounds of staying at an agreed residence and wearing an electronic tag.

If he is found guilty of voluntary homicide, Turk could spend the remainder of his life behind bars. But there is a tenet in French law that allows people to evade a conviction for murder if they can show justifiable defence.

The prosecutor in this case found that Turk was not in immediate danger – the robbers were already fleeing the scene – when he fired the first two shots with the intention of stopping the scooter, and a third in response to the robbers threatening to shoot him with a rifle.

Self-defence at its most basic level allows for the use of force to protect oneself in the face of danger. But it is a murky line that can be easily abused, or hard to define.