blog:
madic50.blogspot.com / Book: The two forms, ed. Amazon /
salomone.marc@neuf.fr
salomone.marc@neuf.fr
Paris,
Sunday, July 29, 2018
REFLECTION
ON THE MECHANISMS OF THE CONFUSION ORGANIZED BY THE PROCEDURE BETWEEN
POSSIBLE CRIMINAL MISCONDUCT AND EXCESSIVE CONSEQUENCES OF
INDEMNIFICATION. (Continuation of the reflection n ° 16 of July 16,
2018. cf: madic50)
Part 1:
The work of Confusion
1) -
Appearance and reality
On the
face of it, the criminal procedure in place allows the state to
maintain control of public life after the disorder caused by a crime.
The public prosecutor opens an inquiry, the judges instruct the prosecution and the defense, the court judges serenely and in the end the bad guys are punished and the good ones rewarded.
In reality, in certain cases, this unitary procedure becomes the receptacle, the stooge, the catalyst, of the intrusion into judicial politics of partisan logics coming from civil society.
Justice, far from controlling the agitation of the parties in the case, then subordinates itself to the barkers of these criminal factions and their public ambitions to direct the action of the State and to define the composition and exercise of the public authorities.
This, on the sole pretext that one of them is dead or seriously injured by the intervention of the police.
2) - The privileged reference
By
repeatedly asserting that "the death is a young man of 22
years," the public prosecutor of Nantes installs the procedure
in the political line of those who do not only defend the thug but
the use of crime common law as a political instrument.
By this formula on the "young man of 22 years", the public prosecutor aims first to let communalists know that justice will not retain the crime of the above as an argument for legitimizing the action of the police.
If he had said: a criminal wanted and in a state of recidivism at the time of the facts; it would have given a completely different direction to the reports of the legal action and the population.
The mechanism of subversion of the procedure by the civil rights-holders of the dead thugs or by the wounded thugs is precisely the hypertrophy of the death or the wound; the sacralization of suffering.
To say "the dead man is a young man of 22" is to present oneself as La Pieta presenting to the public the body of a man who embodies innocence since he was killed at the dawn of his life.
The killer is then mechanically summoned to explain why he killed an Angel.
It is because the mechanics of the integration of these thugs to the qualification of the facts is already installed that the policeman concerned marks his comprehension of this injunction by its collapse.
He has become alone and no one comes to break this isolation; just as formerly subjected to anathema.
3) - The sacred and the legal action
1-
Sacralisation
The death
(the inhuman wound) of the citizen becomes the only reality,
1- She
vampires all the action
2- It is
presented as the purpose of a single and criminal action.
The sacralization of suffering makes it possible to confuse each of the sequences of the public action by linking them in an initial project that determines the direction of the policeman's action.
As a result, the legitimacy of legal police action is subordinated to the emotions provoked by the extraordinary consequences of that action. It becomes the course of the implementation of an individual criminal action from the beginning. He wanted to kill, he was trying to kill him.
2- The disappearance of legality
As a
result, legal police action disappears in favor of the public rule
fixed by the pain of the right-holders.
a- The legal action of the police disappears before the absolute of death and suffering; victims or rights holders.
a- The legal action of the police disappears before the absolute of death and suffering; victims or rights holders.
b- The public agent who invests an authority disappears himself in favor of a bloodthirsty healer whom the evidence of his racism makes already criminal before the accomplishment of his crime.
The air of nothing, it is thus the police and its legal procedures which are suppressed in favor of the constitution of a personal relation between two individuals.
This approach establishes a conflictual relationship between identical individuals in which one has not respected the rules of living together.
3- The empty individuality
The
police officer is stripped of any special authority so that, in the
performance of his duties as representative of the order, he is no
more than a mere individual in the face of the individuality of the
offender.
This operation reveals another administrative and judicial reality.
The policeman is confronted with the absolute of death that transcends his own administrative qualities because it strips him of precisely these qualities.
By confronting him with "the death of a young man of 22 years", the public prosecutor removed from him all universal administrative authority.
By this detour of sacredness; he has no administrative cover against this man.
Why ?
4) - The administrative duality
Because
he is facing an individual of another sovereign administration over
which he has only diplomatic powers.
1- The banality of the fact
a-
President Macron summed it up (in substance): it is not two white
males who will say what is good for neighborhoods. This introduces an
administrative distinction between the populations; here of racial
type.
b- The
ethnico-religious activists openly and practically claim the
administrative distinction within the same administration. Black
professors and trade unionists are not white.
c- In
2017, in a city of Marseille, the Chief of a police patrol said: "No,
we do not go there, they are at home. We go through the small exit
not to annoy them. We too would not accept that they come to us. "
2-
Political confusion
On 19
July 2018, during the commemoration of the death of Adama Traoré in
which participated all the formations of the Left (NPA, PCF,
insubordinate France, EELV, Socialist Party, etc.), David Cormand,
national secretary of EELV made this statement which sums up the
analysis of all the left-wing parties:
"If
we are with the family of Adama Traore, it is to tell them that what
happened to their brother is not only a black person from the poor
neighborhoods, but all French and French" .
On the one hand, it is a frontal misunderstanding with the political thought of the family and the organizers. They think that Mr. Traoré was killed by white policemen because he is black and only for that.
This misunderstanding is the bearer of violent clashes to come.
On the other hand, it is factually false.
A- The
"black person"
a- Adama
Traoré died during a gendarmerie inspection from which he evaded
three times and who did not aim at it because he is "a black
person from the poor neighborhoods".
b- This
check was to bring his brother sought by the justice to the
gendarmerie.
Adama
Traore was himself a violent criminal. If he had not tried to escape
control twice, he would be alive. Even having spoken to gendarmes.
B- Ethnic urbanism
By
distinguishing the "popular districts" of the "French
and French" ("FF"), Mr. Cormand reproduces the same
logic of separation as President Macron distinguishing between "white
males" and "sensitive neighborhoods". ".
It is a
purely ethnic distribution of urbanism.
"Popular
neighborhoods" are a verbally neutral way of describing
"neighborhoods" reserved for "black people" and
"Arab people" who are more dominated by Muslim religious
administrative ideology.
C- The erasure of part of the population
C- The erasure of part of the population
However,
by identifying these "neighborhoods" with the "popular"
quality, Mr. Cormand identifies blacks and Arabs with the popular
classes; to the exclusion of the "F.F" workers and
employees who were driven out of it by "popular" terror as
well as by the industrial refusals to allocate housing to the French.
So that
his text is to read as follows:
... does
not concern a black person from the lower-income neighborhoods, but
all the petty bourgeois and big bourgeois "F.F".
For the
supporters of this distinction of the populations, the workers and
employees "F.F", do not exist as distinct social categories
of the networks of frames which pretend to embody the "F.F".
D- Cultural identification
Mr.
Cormand can easily bring the support of "F.F" to these
"black people" by ignoring the criminal practices of
"neighborhoods" because in its logic they are cult
practices specific to these "neighborhoods".
a- As far as they are illegal, they are the cultural and food self-defense developed in the face of discriminations of which the "popular districts" suffer from the "F.F".
a- As far as they are illegal, they are the cultural and food self-defense developed in the face of discriminations of which the "popular districts" suffer from the "F.F".
b- The
police repression of the crime of some people thus becomes the
repression of the culture of this population "popular",
distinct from "F.F"
c- It
follows that it is urgent that the left political cadres join these
commemorations because the party of the "FF" which
represses the culture of the popular districts will extend its
repression to the "FF" on the grounds of refusing to
officially recognize the cultural differences of "neighborhoods",
"popular"
and those of "FF".
Mr. Cormand and others ask all French people to accept the criminal methods by which the leaders of "popular districts" impose their "culture", ie their administrative independence vis-à-vis the police who impose the continuity of the law and its territorial uniformity.
3- Diplomatic logic
The
police therefore have no further right to make specific arrangements
directly with respect to persons under another administrative policy
system.
A fatal accident during a check is not legitimate in the circumstance, because at that time, in this legal place, the individual policeman did not have to make special arrangements.
In front of this individual the policeman is another because the conflict between the administration and the citizen disappears in favor of the conflict between two sovereign administrations via two individuals of two distinct administrative worlds.
In this situation, the police officer did not have the quality to enter the space of another administration.
Engaging
in the territory of a sovereign administration by his will to compel
the thug to submit to an administration that he does not recognize
without diplomatic detours, he loses his official capacity of
representative of an administration to become a person who penetrates
by offense in an administrative area other than his own.
He is nothing more than an individual who arrogates to himself the rights of control and arrest which the offender does not have to obey because he is not from the same political or state administration.
The police officer's desire to kill stems from his inability to act legally. To impose the domination of his administration on the other, he must transgress the diplomatic space, that is, make war; kill.
His
status as a police officer is even an aggravating circumstance.
Indeed, instead of engaging only him, he also commits the State.
The riots of Nantes, mafia, fascist, factious, manipulated by foreign powers, were thus considered as the answer of a sovereignty to the aggression of another sovereignty; certainly violent but all in all legitimate.
5) - The distinctionHowever, the facts do not support this logic of administrative confrontation on the part of the police officer.
The vocabulary of legal crime covers in the same words distinct realities that the law can address uniformly.
The identification of traffic fouls to crime creates confusion with distinct realities.
A driver can be a delinquent by his misconduct without being a criminal.
The interest of this case is that the police officer will be confronted with both versions of crime; that of ordinary people and that of thugs.
a- In the absence of seatbelt, the driver put his life in danger, by extension, it is possible to say that it also put the one of others in danger.
But the policeman had no reason to take out his gun. In fact, the lack of seatbelt use does not represent a danger for public officials.
On this occasion, he simply checked the verbal identity of the offender who did not present any official papers.
b- This lack of wearing a seatbelt is, however, a distinct fault of being sought for criminal conspiracy, of driving a vehicle itself, of presenting a false name as a substitute for missing identity papers.
For this second series of offenses, it was justified to make special arrangements and to release a weapon. These facts constitute a particular danger for the agents of the State.
6) - The legalistic policeman
The
police officer did not abuse his dominant position to assault a
person who was innocent, extraneous to organized or bloody crime, and
whose fault is entirely contained in the grounds of ordinary control;
for example, failure to wear the seat belt.
He did not cause the death of this person by the continuity of an arbitrary action on a person having to answer no other question than the immediate facts.
The identity check only took the particular form of a vehicle immobilisation when new criminal-type events were added to the lack of seat-belt use.
By order of his hierarchy; he undertook to impose the respect of the law and the action of the legal forces on an offender manifesting himself as criminal.
It did so after verifying the recognition by the State of its active crime and after the reiteration before the police of the control of this crime by the declination of a false identity.
It is the legal mastery of a practicing criminal that has led him both to carry a weapon and the accidental use of that weapon.
7) - The two priorities
The
current judicial process offers a boulevard to these offensives that
she did not create. It allows them to intervene in the functioning of
justice .---
What the procedure is the receptacle is less a work on the texts of law than on the priorities of the public action.
It may
follow that the priorities of the latter are no longer those defined
by the laws and the government but by separatist forces supported by
foreign powers.
So :
1- If the
main thing is the arrest of the thug, then the policeman is the kind
and the thug or his beneficiaries receive peanuts in compensation for
the particular gravity of the damage suffered. After ten years of
judicial process.
2- If the essential thing is "the death of a young man of 22":
a- The
policeman is the culprit who, on the pretext of arresting a wanted
and reiterating thug and that he could let go, wanted to kill a man.
He is
convicted and sentenced.
b. The
thug embodies the innocence mowed down in the age of hope, while he
defied authority only to assert a personality incessantly crushed by
his assassins.
He is
recognized victim and compensated according to the French rules.
After ten years of judicial process.
The public prosecutor himself decided that justice took the second choice.
The public prosecutor himself decided that justice took the second choice.
The procedure thus participates in the formation of this defeat of the police and this victorious, repetitive mobilization of the separatists.
Justice in its constitutional function is faced with the following dilemma:
a- A new
conviction of a police officer in the exercise of his public order
mission and guarantor of the execution of judicial decisions would
transport civil conflicts in the State.
b) No
slowness will disarm the camp of the separatists who receives its
supports and its instructions from the United States, African and
Arab States.
What is the solution?
Part 2: From confusion to distinction
8) - The solution
The
solution to this Lebanese fracking of public order is not the
overthrow of partisan domination. This one would cause the same
consequences as the opposite.
She is in the logic of the procedure.
We must understand what in the procedure allows the separatists to invest justice and try to dispossess the police and the gendarmerie of their public authority.
Indeed, no longer having the right to arrest criminals on the pretext of the dangers that arrest may cause to criminals, it is to be excluded from the regular functioning of the public authorities.
9) - The
imaginary unity
The
current procedure is a block that induces a unity of facts that does
not correspond to reality.
It is this fictitious unity that the separatists exploit to impose the ideology of the unifying supremacy of suffering as the guiding thread of the procedure.
But the death of this 22-year-old scoundrel organizes nothing but her funeral.
The end
of the police operation that leads to the death of this criminal is
not its purpose. This man did not fall into a trap.
There are two sequences in which the separatists seek to erase the distinction by the inability of the procedure to take it into account.
1- The legal sequence
a- The
police organize a legal control; the same for everyone.
b- At the
report of the known crime and in act of a person, they take measures
to ensure his arrest and to take him to the Commissariat.
2- The lethal shot
On the
occasion of the car's maneuvers, a shot goes off and the driver dies.
10) - Excessive consequences
This
legal action has led to a fact beyond the scope of the operation of
control and arrest which is the result of the death of the
administered delinquent.
This action is indissolubly linked neither to the arrest nor to the exit of the weapon.
This is a separate fact from the procedure even though it is based on the ingredients of the legal action.
This is confirmed by the police officer by calling the fatal action an accident.
This is what I call an excessive consequence.
Excessive consequences are not a fault because they
do not arise from the action of the public authority concerned. The
fact of the death of the citizen does not disqualify the legality of
the proceedings.
On the other hand, they create damages for which the victims and their successors can claim compensation from the State on the grounds that it has not been able to act by avoiding the "accidents" which in fact are intertwined in the official action.
On the other hand, they create damages for which the victims and their successors can claim compensation from the State on the grounds that it has not been able to act by avoiding the "accidents" which in fact are intertwined in the official action.
This approach can only be compensatory because it is only intended to repair the personal damage suffered by citizens during an administrative intervention and not to judge the mistakes committed.
11) - The two sequences
Thus, the
fact of the death of the citizen can not be recognized as an
excessive consequence opening the right to compensation unless it is
recognized as disjoint from the legal administrative apparatus which
produces it.
If he is confused with this device and therefore makes it a criminal proceeding, compensation for the wrong done to the victim and his dependents results from the court's approval of this link between the legal facts. and excessive.
If this is so, if the fact of death subjects the legal administrative procedure and claims to make it a continuous criminal process, everyone must accept that the recognition by the court of the merits of the police action entails the validation of its even excessive consequences.
Indeed, by participating in the implementation of particular provisions, by its criminal lies:
a- the
victim has agreed to take the risk of serious accidental or even
fatal consequences,
b) just
as she had agreed to take the risks, in each circumstance of the
events, of impunity in her identity trafficking, her handling of cars
and her leaks before the authorities,
c- just
as she accepted the risk of causing harm to persons during her
ordinary criminal activities.
a- The
person concerned took this risk again during this check by giving a
false name to compensate for rolling without papers.
b- She
also took the risk that a control during which she claims to impose
her villainous rules goes wrong.
Part 3:
The double procedure
Consequently,
the recognition of the independence of the excessive consequences in
relation to the legal action which produces it causes a double
judicial procedure; compensation and penal.
12) - The indemnity procedure
By
turning to the compensating court, victims and rights-holders claim
the state to compensate for their losses and to rebuild their lives
otherwise after such an ordeal.
This is the place to expose his tears and his pain.
Compensation does not arise from fault or the quality of the people involved.
Compensation arises from the links established by the justice between a damage, its place of origin and the Master of this place.
Here, it is clear that there is a connection between the police, the state, and the damage done to a person.
This court therefore asks:
a-
Whether or not there has been personal injury that is detachable from
the fault of the other party, who does not need the criminal
proceedings to be qualified.
b- By
which institution,
c- How to
compensate
Time delays are distinct from those of the Penal.
In
criminal cases, in this case, lawyers have a minimum of 5 years of
procedure.
In the
AZF case, it's 17 years old and it's not over.
The
compensation authority renders its decision after taking the
necessary time to establish the link between the police and the shot.
The decision of the ECHR, of 31st but 2018, is precedent-setting. It forced the state to pay 6.5 million euros to a man who became severely handicapped in 2004, because of his arrest by SNCF agents and police at RER station Mitry-Mory (77).
But compensation can only meet these criteria if it does not spill the Treasury:
a- This
question is essential. Indeed, the Judicial Authority and the
Ministry of Finance are the guarantors of public funds. They can not
put in place a ruinous compensation policy for the state.
b- An experiment is possible. It would make it
possible to prepare the laws with the experience of their use.
The networks of French executives are not in the position to discuss it, the initiative goes back to the Head of State.
Let's bet it will not happen.
13) - The penal
Because
there is a violent death, there is a criminal action.
However, the distinction of the legal administrative action from its excessive consequences has consequences on the place of each and the arguments of the criminal procedure.
1- Death
Unlike
the compensatory debate, the criminal procedure can not be the place
where the emotion created by the excessive, accidental consequences
is profitable. Emotion is no longer an element of
understanding.
Parties who want to use the criminal law against the compensation procedure are confronted with the recognition of the civil criminality of the citizen and the study of the merits of the action of the police officer holding power to enforce the legality .
Parties who want to use the criminal law against the compensation procedure are confronted with the recognition of the civil criminality of the citizen and the study of the merits of the action of the police officer holding power to enforce the legality .
The death of a citizen who has sought to impose his mafia practices can not provoke a conviction.
This man has professed to take the risk of killing. He therefore accepts the risk of dying during unexpected acts due to his behavior during a legal control caused by his delinquency.
Indeed, the criminal conviction of the police is then a party for the thug and his supporters against the police.
When we do not form criminal conspiracies, we do not drive a car that has been used for crime, we do not give a false identity, we strictly comply with police orders, we always run risks certainly but much less anyway.
Death can not serve to erase the validity of legal police action or to impose on it the desiderata of thugs under the pretext of the potential dangers it represents for all.
It would
be a use of the judicial authority by individuals to organize the
public authorities.
It would be a mafia victory.
At the end of which, the civil parties assert their human rights in the indemnity procedure and withdraw from the conclusions of the criminal procedure.
It leaves justice to calmly examine what it feels it should examine.
2- The civil parties
By civil
parties I mean the victims and their dependents.
In turning to the indemnity procedure, the civil parties have more their place in the criminal law only to contribute to the continuity of the judicial questioning.
They can not wait for anything on their own.
The Penal only concerns them as citizens involved in this incident.
If the victim or his dependents refuse this distinction, they must answer for their faults; that of their deceased relative, and theirs.
It is unacceptable that one can take up the case against the police for the benefit of a thug who is related without saying the profit that could be drawn from his activities.
We can not accept that people who take sides with thugs against police officers, rightly or wrongly, do not accept parliamentarians in their dealings with lobbies.
c- The political factions
The confusion that the current procedure establishes between legal action and excessive consequences is appreciated by all those who want to transfer the political debates in the courtrooms.
It is these factions who will feel aggrieved.
Indeed, their main power is to brandish the image of the dead, the wounded, the incarnation of absolute suffering, as a banner of a cause.
They do not do politics. They demand justice. They are selfless and beautiful.
From the moment the procedure no longer rests on the confusion of the Penal and the Indemnite, it is no longer possible for them to adorn themselves with chivalrous virtues.
No longer able to speak in the name of the dead, they will have to make politics for good and, by necessity, the debate will come out of the courtrooms and become public.
It is not sure that the defense of the thugs passes as easily as the devotions to the dead.
In any case, it will be on the ground of democracy and not of the subversion of the State.
14) - The extension
What
suits the state can be examined for the private sector.
For example, this distinction of the Penal and the Indemnity concerns a multitude of damages which show the impotence of the Penal to repair an institutional damage.
This is the case when the mother of a sailor killed at sea in the capsize of the boat screams after the shipowner that he has taken everything and she will take everything.
It would then become possible to identify the place of origin of the damage (the boat), the person in charge of the place (the shipowner), and to fix a compensation which is not spoliator of the company.
Magistrates could calmly pursue the procedure involving international maritime law.
He is at the limit of the cruelty of compelling this mother to undergo a procedure that will end up throwing her out without anything.
15) - The founding decision
The Third
Republic and the social and democratic organizations that emerged at
its beginnings in the late 19th century, were based on the rejection
of crime as an argument and political instrument.
This
separation of the social movement from the thugs, the refusal to see
in the action of the latter a political line to be discussed, seems
evident.
b- Yet it
was a choice, a decision.
At the same time, in 1965, one of the founders of anarchism, Bakunin, in the "revolutionary catechism", advocated "the union with the world adventurers, brigands, who are the true and unique revolutionaries".
It is clear that, as on other occasions, forces under foreign influence are working to include voyeurry among national and legitimate political forces.
Thus, we find: the presence of the leaders of left parties, the speech of Mr. Cormand, the commemoration of the death of a criminal, the deliberate choice of the Prosecutor of the Republic of Nantes to pass the criminal dead for a a symbol of broken innocence, the state's hiring of the Luhaka brothers, including Theo, to maintain order in the surrounding cities, the integration of thugs into the municipal combinations of the whole suburbs, etc.
The mafia, fascist, factious, manipulated by foreign services, which followed the death of the thug of Nantes, are based on the same ideology of contestation of the authority of the state for the benefit of particular groups, not on occasions incidental, but with the aim of territorial and administrative separatism.
The French democratic forces have not been able to denounce them as such, they have assimilated verbiage justicier, they were unable to organize the response of democracy to defend schools and other public buildings as well as private individuals , attacked militarily, including the Mayor of the City, for racial and factious causes.
This paralysis of French democratic life, the criminalization of the police in their fight against crime, are due precisely to the cultural penetration of this anarchist confusion between the bawling thugs against the obstacles to their crimes and multiple fights. which constitute Democracy.
By distinguishing, on certain occasions, that the judges appreciate the criminal of the indemnity, justice puts everyone in his place and compels the criminals, and their foreign supporters, to advance in politics in the open. The state gives itself the means to understand and control public order.
16) – Conclusion
May 1968
left a good memory only because parties and democratic forces of all
kinds have imposed the general interest on particularisms and
separatisms.
Today, under references and political colorations barely different, the same repeat their offensive against republican France and democratic.
As before, they think they succeed.
Marc
SALOMONE
