Marc Salomone / Blog: madic50.blogspot.com / Book: The two forms, ed. Amazon.
Paris, Monday May 3, 2021
REFLECTION ON THE ANNOUNCEMENT OF THE TRIAL OF THE SEXTAPE AND AIMING KARIM BENZEMA VS MATHIEU VALBUENA.
The media tell us that the so-called Sextape trial will be held on October 20 and 22, 2021 at the Tribunal de Grande Instance of Versailles.
It is very good news that justice has stood firm in the face of irresponsible pressure which sought to avoid trial.
The public debate on this case will continue until the trial. Everything will be done to ensure that this trial is a health course for the thugs concerned.
It is in this capacity that I give my opinion.
1) - The facts
In the enclosure of the training stadium of the France team, the National Technical Center Fernand-Sastre (CTNFS), Karim Benzema, as holder of the France team, communicated the thugs orders to another holder, Mathieu Valbuena, with a view to blackmailing him and therefore asserting the will of this criminal.
His crime is there.
He did not commit a delinquent act in private, outside the France team, its stadiums, its administration.
He was assigned to the National Technical Center Fernand-Sastre (CTNFS). That is to say in the territorial and administrative enclosure of the France team, between two holders.
He tried to impose criminal administration, even sequential ones, on the State, within its precincts, on its Holders.
In other words, on the territory of the State, between two agents of the State, in the exercise of their function.
One of the most certain definitions of mafia action is to transport criminal actions intended by civilian thugs within the state or public administration.
The defense counter-fire affirming that the intervention of a police officer distorted the action of the defendants does not hold up.
This policeman took the place of an intermediary requested by the thugs. He only intervened to reveal the perpetrators and not to create the fault.
This attempt was invalidated by the courts.
2) - The Italian future
It always starts like this; by a service rendered.
Then come the zero scores, the rigged games, then the rest.
Italy bears witness to this.
At the time of the affair, in Italy, a major anti-Mafia trial was being held.
a- The defendants are civil society executives, some of whom are elected by universal suffrage, from the government right and left.
b- Italian judges must go to prison to judge them for inability to enforce the security of the courthouses
One of the reasons for transporting justice out of its palaces is that Italian citizens have allowed a factious public presentation of court cases concerning Mafia crime to be organized.
No one protested when well-meaning natural and legal persons mocked the proceedings by arrogantly asserting the evident innocence of the convicts, the perversity of the judges, the interest of the lawyers, the naivety of the assassins, the sympathy of the accomplices. , the imbecility of the victims, the immorality of their supporters.
At the end of the day, it is the judges and the honest people who are afraid.
3) - Case law
1- A separate case
Recently, in a formally comparable case, the courts handed down a prison sentence.
The summary of the case:
A man was found guilty of using his passage through state posts to try to obtain confidential information about him from a magistrate at the Court of Cassation, or even to influence proceedings already in progress.
In return, he allegedly promised to intervene on behalf of the magistrate so that he obtained a prestigious post.
He was sentenced to three years in prison which is virtually convertible.
The president of the court had indicated that the firm part of his sentence could be arranged with a "home detention under electronic surveillance", as specified in the deliberation of March 1, 2021.
2- Identical logic
In both cases, it is a delinquent intervention between public officials in the exercise of their function, even symbolic, or because of it, for the benefit of a delinquent cause.
The Court of Appeal will say what it is. However, at first instance, case law is established.
The justice now refuses to condone or minimize corruption and trafficking of interests within the state between its agents for the benefit of wrongful private interests.
A former President of the Republic may be sentenced to a prison sentence with civil modification thereof.
I do not see how this jurisprudence could not be applied to an athlete. If the judges decide.
4) - Conclusion
1-De facto justice
a- For the moment, the only person sanctioned professionally is the victim who lost his career in the France team.
b- For the thugs, everything is fine, thank you.
2- Legal justice
a- On the occasion of a judgment concerning an athlete and his acolytes known to the Police Services, the French will wonder on which side is justice.
b- Consequences will follow.
Marc SALOMONE
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