blog: madic50.blogspot.com / Book: The
Two forms, ed. Amazon
Paris, Monday, July 15th, 2019
CONTRIBUTION (29) TO THE NATIONAL
DEBATE WISHED BY THE PRESIDENT OF THE REPUBLIC IN 2019.
(Continuation of reflection n ° 28 of
June 30, 2019, cf: madic50.blogspot.com)
INDEMNIFICATION (34) AND OBSOLESCENCE
OF THE PRIORITY OF CRIMINAL PROCEEDINGS (2). THE EMERGENCE OF TWO
SEPARATE LEGAL JURISPRUDENCES AND LEGAL MARGINALIZATION OF THE ORDER
FORCES
(Continuation of the reflection n ° 33
of June 3rd, 2019 and previous ones: see madic50.blogspot.com)
THE OMBBRES GAME
1) - the facts
The Chained Duck of Wednesday, July 3,
2019, in his article "The pot of Marseille-beef carrots"
reports a legal dispute over the death of a person.
On December 1, 2018, Yellow Vests
demonstrate in the street where Mrs. Zineb Redouane lives. It would
have closed its shutters not to undergo the tear gas launched by the
police to disperse the protesters. One of these grenades meets her on
her journey. She takes it in the face and dies the next day at the
hospital.
It follows a survey of the IGPN. In
order to precisely identify the author of the shot, the latter asks
the CRS concerned to provide him, for ballistic examinations, the
five launchers of teargas grenades Cougar type.
The Captain of the CRS responds: "Not
to interfere with the operational capability of the unit during this
period of intense protest movement, I can not get rid of five Cougar
weapons for analysis."
So the IGPN can not do anything on this
file.
The family's lawyer files a complaint
for "subtracting and altering evidence".
2) - Obsolescence
This case is interesting or exemplary.
It depicts the obsolescence of the current procedure based on the
primacy of the Penal. He explains the practical consequences. It
gives to see the forces in presence.
The obsolescence of the procedure is
not the fact that it is wrong to those to whom it always seemed to be
right and vice versa.
It stems from the fact that its
regular, ordinary, legal functioning removes its capacity for
political initiative from the State; to the public community and its
representatives.
The State, the public authorities,
become prisoners of a hypertrophied legalism that puts itself at the
service of its civil opponents.
This trap, this cul-de-sac, prohibits
the State from conducting a political activity in the field of public
order. It leads him to leave the initiative to his defeators.
The coming order of this disorder can
only be chaos and, in the wake of Vichy, the dictatorship of
corporatism.
3) - Disorganization
The criminal priority of the
proceedings must ensure the domination of the state over civil
unrest.
However, in the course of the cases
concerning agents of the State, one discovers that on the contrary it
can disorganize this supremacy and install a form of domination, even
of dictatorship, of the civil forces whose main function of which is
to control the action .
There is a logic of dictatorship when
the cause of a party becomes a devastating argument of all the
arguments that thwart it.
From Antoine's speech to the death of
Caesar, everyone knows that sentimental pain can hide a factious and
warlike ambition.
4) - The inversion
The current procedure organizes this
reversal of effects without ceasing to function normally.
It becomes the place of assembly of the
civil forces against the agents of the State on the grounds of the
equality of the litigants.
Through its agents, it is the state
that is neutralized in its political capacities to control the game
of these civil forces.
The usual methods of denial,
hierarchical separation of responsibilities, slow procedures, etc.,
justified or rogue, no longer work in certain increasingly
recognizable configurations.
a- It can no longer be said that there
are no certainties, witnesses, expertise.
b- The solitude of the plaintiffs is
only temporary. Extra legal and supra national connections make their
legal isolation more and more uncertain.
a- It is characteristic that, in the
case of this old lady of Marseilles, the State is reduced to a policy
of bastion. The CRS, all ranks, is a block.
b- Against this attitude, for some
time, in similar cases, the hierarchy has delivered the performer to
the grievors and the courts.
5) - The displacements
In doing so, the law seems to move
elsewhere.
He seems to be standing alongside
civilian forces, which, for example, produce legal diagnoses of the
faculty of Algiers.
The regular exercise of the procedure
turns against the State and sends its agents to the court and
sentenced.
The immediate opinion is to say that a
great step has been taken towards the equality of all the litigants.
It's not as simple as it sounds.
State agents involved in these
procedures are not involved in a common law offense, such as
participation in trafficking.
They are so because they personified
the State, the public authorities, in a clash between civil forces
and the state.
It is not at the initiative of the
conviction of a delinquent agent. He passively submits to the
questioning of his institutions through one or another of his agents.
It is the attacking civilian forces
that organize the judicial policy discussion.
As soon as the ordinary delaying
maneuvers seen above fail; the state can only assist in the
installation in the courtroom of civil forces whose proclaimed aim is
to participate in the elaboration of jurisprudence and to compel the
State to negotiate its prerogatives.
By making the only account of the
parties quoted by the newspaper, one discovers that the CRS is alone
of its edge and that opposite there is the IGPN and the justice, is a
part of the State. It also appears that the questioning of all the
media takes again the bias of the plaintiffs.
Moreover, the Martyr has become a
policy in itself. This ideology aims at forming public authorities
and participating in their exercise. It's a definition of politics.
Let us bet that the Martyrdom of this
lady, whose construction is validated by the procedure, will
negotiate at the most expensive on the municipal lists and the
exercise of the local power.
The same procedural mechanisms no
longer produce the previously expected effects, but a new
configuration of the state power examination circuits.
6) - The marginalization of the police
The decline in time suggests that the
loneliness of these officers was built.
For several decades now, the voice of
the public authorities has shown, on the one hand, the general
decline in the indivisibility of the Republic, on the other, the
exclusivity of the action of the police or the gendarmerie as an
instrument the territorial and administrative unit of the State.
These police and gendarmes know that
apart from them there is no longer any physical and moral person to
prevent the ordinary disorders of public life become factious
policies and that other administrative policies replace that of the
Republic.
The government itself calls the action
of these particular civilian forces factious or insurrectional. Those
who destroy urban furniture and settle in the courtrooms by joining
the ongoing criminal procedure.
It is to this question of civil peace
that the representatives of the police when they are summoned to
repress disturbances to the public order.
7) - Two emerging case law
Contrary to what is stated in the
media, they are not on the same level as civilians when it comes to
dealing with the excessive consequences of their actions.
Take the example of two cases whose
legal questions are identical and whose qualifications were made at
the same time, in May and June 2019.
1- The ebonated demonstrator
The complainant is the victim of an
excessive consequence of the action of a police officer.
A policeman pulls a release grenade and
a protester is left out.
The act is described as a crime and its
author returned to the Assize Court.
The motive is: "Voluntary violence
resulting in mutilation or permanent disability by a person in charge
of the public authority".
He is 15 years old.
2- The car crash of two children.
The fraud of the victims of an
excessive consequence of the action of a civil thug, death or injury,
is considered as an "accident" and an "involuntary"
action. This results in the appearance of the Correctional Court.
He risks 10 years.
An offender drives without a license.
It starts again in a rush during a road check.
The gendarmes "In view of the
excessively dangerous behavior and because of his speed, the
gendarmes followed him at a distance".
He overthrew two young boys of 7 and 9
years old. The first is dead, while the second is still in critical
condition, at the hospital of the White Cavalry in Brest
The alleged perpetrator of the accident
is already known to police for unlicensed driving and possession of
narcotics.
The qualification is that of an
"accident" punishable by the Criminal Court.
"Refusal to comply, hit and run,
driving without insurance, driving without a license, homicide and
aggravated unintentional injuries".
The prosecutor's office of Lorient
opened a judicial investigation for "aggravated manslaughter",
"aggravated involuntary injuries", "driving without a
license for recidivism", and "lack of insurance and refusal
to comply aggravated by the endangerment of others ".
The public prosecutor states: "The
maximum penalty incurred by the driver of the vehicle, currently on
the run, is increased to ten years' imprisonment.
3- Acceptance of qualifications
The fact that children are Turks as the
culprit is probably not for nothing in the acceptance of correctional
qualifications by parents who have just lost two children. One dead,
the other traumatized for life.
In all anti-police cases, the
plaintiffs and their assigns refuse correctionalization and acquittal
during the Assize Court. They demand criminal conviction.
It is also to lead to a criminal
conviction or a judicial arrangement that the judges of instruction
opt for one or other of the referrals.
4- Comparison of qualifications
In one case, the accident is a crime.
In the other, the crime is an accident.
- - Conclusion
A similar obsolescence of the public
rules appeared with the demonstrations of Burkini on the beaches.
1- The same logic of modesty on the
beaches that aims to preserve the personal dignity of each turns
against its objectives and becomes the support of a device of terror
against women.
2- In response, it is not this or that
fact that must be controlled, controlled, authorized or prohibited.
It does not work anymore.
3- It is the configuration of modesty,
its doctrine, its device, which must be reconsidered.
Solutions aimed at restoring the
state's capacity for initiative and its mastery of jurisprudence
exist. They have been proposed previously.
The State itself, on the occasion of
the Servier affair or certain regularizations of financial faults,
recognizes the usefulness of these reforms and the practices by
segments which add further to the disorder of the law and to the
discredit of the law.
You have to pay attention.
Marc SALOMONE
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