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carmarthen February 13 2013, 20:11:12 UTC
OTOH, most of the actual participants in the insurrection of 1832 were pardoned entirely to preserve civil peace. Valjean's case is...complicated.

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inmh February 13 2013, 20:57:47 UTC
They were pardoned? Huh. If we're being perfectly honest, this is for the Les Misérables fandom, and so that may benefit me with other fic-ly endeavors... Thank you! :D

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carmarthen February 13 2013, 21:16:54 UTC
There was some meta about this going around on Tumblr...let me see if I can find it. Basically, the Amis who died in the book are a ridiculously high percentage of the people who actually died in the real 1832 insurrection. (Wiki: Total casualties in the rising were about 800. The army and national guard lost 73 killed and 344 wounded; on the insurgent side there were 93 killed and 291 wounded.)

Gah, I can't find it. Wikipedia has this:

A man named Michael Geoffroy was charged with starting the rebellion by waving the red flag. He was initially sentenced to death, but a series of legal manoeuvres led to much reduced prison sentence. Later trials led to some other death sentences, but all were commuted.

Several rebels took the opportunity to deliver republican speeches at their trial. Republicans used the trials to build support for their cause, emphasising the trial of Charles Jeanne, one of the leaders who proudly defended his actions. He was convicted and imprisoned, becoming a republican martyr after dying in prison in 1837. ( ... )

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flo_nelja February 13 2013, 20:00:18 UTC
In 1830, it was still Napoleon's Code Pénal. Flogging was not in it. Jougs was, but only for minor civil crimes (small-scale electoral fraud, hitting a judge...)
For a riot, if there's incitation of "rebellion" with no riot at all, it was six day to one year of jail. And putting fire to... basically anything big was death sentence. [Edit] So I think his punishment will be something bigger.

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inmh February 13 2013, 20:55:41 UTC
Thank you! I'll have to go look up that Code Penal. Sounds like it could be useful!

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flo_nelja February 13 2013, 20:57:53 UTC
If you can read French, it's here

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inmh February 13 2013, 23:46:29 UTC
Thank you! :D

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10littlebullets February 13 2013, 20:07:43 UTC
Nope, no dice. It wasn't in use at all during that time period; whether or not it was in ad-hoc use during the Revolution, Napoléon overhauled and codified the entire legal system in 1804, and some variant of the Code Napoléon has been in use ever since. In the 1830s, inciting a riot could get you sentenced to death or to a lengthy term of imprisonment with or without hard labor. Death sentences for political acts tended to get commuted to imprisonment to avoid creating martyrs, which is what happened to Charles Jeanne, the leader of the most tenacious band of insurgents in 1832.

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inmh February 13 2013, 20:54:58 UTC
Ah, damn. I'll have to rework it. Thank you!

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