French high court annuls charge downgrade in Nahel shooting, reopens path to murder trial

Background

Nahel Merzouk, 17, was killed on 27 June 2023 during a traffic stop in Nanterre, west of Paris. The police officer, later identified as Florian M., fired a single 9 mm round through the car windscreen. The shot struck Nahel in the thorax at close range, captured on a widely circulated video. Lawyers for the family alleged the officer could have stepped aside as the vehicle moved slowly and that the shot was unnecessary. The death triggered a wave of riots in cities across France and became a rallying point for complaints against police violence.

Legal tug-of-war

Investigating magistrates initially charged the officer with murder. In June 2025, the two judges handling the case confirmed that he should stand trial for murder before an assize court. Florian M. appealed, and in March 2026 the Versailles appeals court reclassified the offence to “violence causing death without intent to kill”, sending the case to a departmental criminal court — a less serious charge that typically carries lighter penalties. The public prosecutor in Nanterre had previously sought a murder trial, but the appeals court decided otherwise. All sides — the prosecution, the civil parties and the defence — filed challenges with the Cour de cassation.

The Cour de cassation ruling

On 12 June 2026, the criminal chamber of the Cour de cassation threw out the appeals court’s reclassification, ruling that the lower court had not properly justified its decision. The high court pointed to evidence that the officer “voluntarily used his 9 mm firearm at short range against the victim, aimed at a zone considered vital, and that the individual was necessarily aware of the lethal risk of his act.” The judges thus declared that the homicide charge could be retained and sent the case back to the Versailles appeals court for a new determination.

The Cour de cassation’s ruling ran counter to the recommendation of the public prosecutor at the high court, who had urged that the appeals be rejected. That prosecutor had argued that the officer was on duty, in uniform and with his weapon, and that “we cannot ignore that framework when assessing the homicidal intent” that could be attributed to him.

Reaction

We welcome this decision, which recalls that the police officer's homicidal intent was wrongly dismissed by the Versailles appeals court. A trial for murder is now awaited by Nahel's mother.

Frank Breton, the mother’s lawyer, said the family had always insisted on a trial for murder.

Next steps

The case now returns to the Versailles appeals court, which must reconsider the appropriate charge. A fresh ruling could itself be challenged again. If the murder charge is reinstated, Florian M. would face a jury trial in an assize court. The second police officer present at the incident was cleared of any offence at both the initial and appellate stages.