blog: madic50.blogspot.com / Book: The
two forms, ed. Amazon
Paris, Monday, January 7th, 2019
REFLECTION (24) ON THE POSSIBILITIES OF
SOCIAL COHESION OFFERED BY JUDICIAL USE OF INDEMNIFICATION WITHOUT
SPOLIATION OF THE PUBLIC TREASURE AND CONSECUTIVE AMENDMENTS OF THE
PLACE OF IT IN THE PROCEDURE (Continuation of the reflection n ° 23
of October 15, 2018. cf. : madic50)
The media tells us that:
1- On November 15, 2018, a woman named
Marie, aged 28, was killed by her husband with several stab wounds in
front of her children in Aubervilliers (Seine-Saint-Denis).
2- The two older children of Marie,
aged 8 and 4, witnessed the stabbing of their mother by their father.
The murder was atrocious, and for the children, it is very traumatic.
3- The fact that they can immediately
have care and talk about what they have lived is very important.
4- They are thus supported by
professionals for 8 days, before placement either with their family
or in other structures of the Children's Social Assistance (ASE).
5- "Currently, they are very well
surrounded and welcomed by a good family," says another neighbor
who often discussed with the victim at the end of classes. For her,
Marie's first cousin, whom she considered a sister and who had taken
her under her wing when she was a child, would be "best placed"
to welcome the five children. "If it is proposed to me, I will
do it in his memory," says the concerned.
Let's trust the state services (ASE) to
deal with the care of children.
What interests me here is what is
missing in the reports of children to the state.
The commentators base their analyzes of
the consequences of this crime for the children who have seen the
spectacle on the sole importance of the psychology and the social
care.
The children would be personally
concerned only by the "trauma" and this one would be only
psychological and family.
The rest would not be their
responsibility.
a- They lose an apartment and parents
but, thanks to ESA, they find each a family and a home.
b- It would suffice to allow them to
find their equilibrium disturbed by this event to erase not the
memory but the effects of this horror.
b- This return to equilibrium would be
the balance of any legal account concerning them.
This is not correct.
a- The aggression carried out against
their mother does not indirectly reach adults who, even if they live
under her roof, do not live from her, or are capable of doing so.
b- It directly targets people in
training who have a vital need for this person and this home.
c- This aggression creates a judicial
litigation peculiar to children.
d- His resolution is an imperative
condition for the restoration of children's rights.
When a building is set on fire by a
criminal who blames the tenants, the landlord goes to court:
a- It is not enough for him that the
State, by firefighters, the social services, the tax, relocates the
tenants and subtracts a part of its taxes.
b- In addition to the conviction of the
criminal for this social fact, he considers himself personally
harmed.
c. He therefore wishes to be a civil
party in the judgment of the criminal and to be compensated for both
the lost capital and the moral disorder,
The children are in the same situation.
1- They are aggrieved by the fact that
one of their ancestors has been killed, that the other ascendant is
the willful criminal, that they lose their safety and comfort, that
their lives are turned upside down at a time when they are like
puppets entirely dependent on their surroundings.
2- The vital public help can not
replace:
a- To their status as a civil party,
even under guardianship.
b- To their right to compensation for
the fraud.
By this feminicide, the murderer wanted
to mark the inferiority of the women and to reduce the children to
the social nothingness of the orphans. What is proper to the
religious logic in which it fits.
By this compensatory detour, society
will affirm that it is not so. It magnifies the murdered women and
their children.
Regardless of its repressive nature,
the answer to this feminicide is the official release of children
from the circle of curses.
The society will thus constitute for
these children a capital which will be the best vector of a good
education. By their majority, this capital will allow them to
continue their studies or to insert themselves directly into life.
For this you need certain conditions:
1- That their constitution in civil
part, whatever the detours, is not an obstacle to compensation.
2- That the indemnity be separated from
the criminal trial from which they can then be abstracted.
3- That compensation decided by justice
comes from the Treasury which then turns to the wrong.
4- That the compensation costs nothing
or almost to the Public Treasury.
These criminals would lose the
initiative:
a- Their fight would not cease to be
enjoyable. This concerns repression.
b) It would cease, however, to be
effective in their claim to exercise a nano leadership of the public
authorities and to participate in their formation by proclaiming
themselves invested with a sovereign authority over the future of the
children and their mother.
c- They would lose both being in prison
for a long time and seeing the children of these women come out
stronger.
Marc SALOMONE
Aucun commentaire:
Enregistrer un commentaire