Marc SALOMONE / Blog: madic50.blogspot.com / Book: The two forms, Amazon
Paris, Friday May 28, 2021
REFLECTION X, (SEE 58 AND 57) INVERSION OF THE RULES OF ATTRIBUTION OF CRIMINAL FAULTS IN THE EVENT OF CRIMINAL EXPLOITATION OF MINORS OR MENTAL DISABLED BY VALID MAJORS.
Helpful reforms are first and foremost honest. To reflect meaningfully on the criminality of minors and the disabled, we must start by not wanting to profit from it.
1) - Minors and disabled
In this reflection, I join the disabled with minors.
Indeed, their positions in the face of the criminal exploitation of their weaknesses are comparable and they are used for the same reasons.
- Minors and adults
1- The exploitation of minors and the disabled by able-bodied adults on the occasion of terrorist or delinquent actions is industrial and the field of direct or indirect manipulation is immense.
2- For example:
a- A significant part of car thefts or attacks on the police by means of cars has long been carried out by the use of this type of people at the driver's post.
b- On May 18, 2021, in Champigny-sur-Marne, a minor returned to the scene to kill another minor. He had armed himself with a knife and also seems to have been accompanied by a middle finger.
c- On May 28, in La Chapelle-sur-Erdre (Loire-Atlantique), a man with a psychiatric history tries to kill a municipal policewoman.d- Idem, on August 6, 2017, in Paris, the Eiffel Tower, a radicalized person coming out of hospitalization.
e- Etc.
3) - The logic of corruption
Valid criminals have the right to:
a- To guarantee their own impunity in principle, even if it means being involved in the subsidiary,
b- To guarantee the profitability of the criminal action since the direct perpetrators benefit from the protection of children.
In fact, the Constitutional Council recalled that the criminal responsibility of minors is based, on the one hand, on a principle of attenuation of this assuming, on the other hand, a graduated criminal response.
Thus, by the extent of the fact of exploitation of minors and handicapped persons by valid adults,
the dispensation or attenuation of qualification and conviction as a crime for the former becomes a constitutive facility of the public criminal organization.
For example, the minority or the handicap of the driver is a way for able-bodied adults to negotiate the risks of a car theft or a criminal spree.
Classically: when the vehicle is stopped, even after having run over a policeman, the passengers ignore the status of the driver or they could not convince him to stop his nonsense. They couldn't do anything.
It is a form of state corruption.
4) - The faulty solution
The publicly recommended solution is to consider minors or the disabled as valid adults and to lower the penal majority in adolescence.
It is a moral degradation of the state.
a- It does not resolve the real thought gap between a major and a minor, a disabled and an able-bodied.
b- It codifies the transfer to minors or handicapped persons of the responsibilities of valid adults who are the authors of the manipulation.
c- It is an official participation of the State in the slavery of common law criminality.
d- It is a form of mafia corruption.
5) - The right method
To invalidate the profitability of using these people, the effects of the cunning used to manipulate them must be reversed.
The criminal exploitation of minors and the disabled by able-bodied adults must be made more dangerous and less interesting for the exploiters.
The direct perpetrators of the acts become, totally or partially, according to justice, substitutes for valid adults.
It follows
1- Valid adults who lead, produce, provoke, directly or by maneuver, the delinquent action of minors or mentally handicapped persons take responsibility for the criminality of facts factually attributable to people recognized as legally vulnerable and manipulated by these valid adults.
2 - The minors and the handicapped people implied in these delinquencies are the object of the educational measures and the care envisaged by the law which attributes to them a reduced penal responsibility.
3- The police investigation and legal action establish the maneuver.
6) - The example of the car
If an adult is in a car in the company of a minor, he becomes criminally responsible for all crimes and offenses committed by this minor in the illegal use of this car; starting with driving without a License.
This fault and those which follow become the penal fault of the adult.
From the moment the driver's age becomes an element of the penal status of passengers, they can no longer pretend to ignore it.
The law and its spokespersons can easily distinguish misconduct from accompanied conduct with the criminality of a delinquent enterprise.
Two typical cases:
1- Bordeaux on March 1, 2021.
A 16-year-old ran into the police. He was accompanied by a 21-year-old major who pleaded innocence.
It is a tried and tested method, well known to the police and gendarmerie.
It would follow that:
a- The minor follows the rehabilitation cycle for minors in danger who benefit from reduced criminal responsibility.
b- The adult passenger is put on trial for full criminal responsibility for criminal acts formally committed by the minor.
2- Champigny-sur-Marne, May 18, 202.
The adult goes to the Court of Assisi for the crime committed by the minor he accompanied on the scene.
7) – Coldness
This shift of responsibilities from the legal irresponsible who commit the crime to those responsible who organize it necessarily brings about changes in the relationship between these people.
There will automatically follow a certain glaciation of criminal relations between able-bodied adults and their minor or disabled preys.
However, justice will have to take care of the rare reverse manipulations.
The manipulative adults will have to take their distance in the action with the minors whereas the exploitation of these often requires a fraternal, friendly participation, that is to say of proximity, of the major alongside the minor.
Example:
a- I am not
accompanying you.
b- Why?
c- Because I don't want to go to the Assizes.
d- Why are you talking about this?
It is not the same to say: Come on, let's go! You are a champion! and to say: I leave you, I want it to be you alone who go to prison.
The juvenile delinquent who understands that he can offload most of his fault onto others will become very talkative. Mom will provide for it.
8) - The verification dialogue
There is established a dialogue of verification
Adults who get into a car with people likely to be minors check the legal status of the latter, under penalty of becoming custodians of their faults.
This principle of dialogue of verification can be extended to all relationships between adults and minors, particularly sexual, from the moment they are likely to be faulty.
Not only will the world of crime be stirred up, but the forces of law will be present at the first discussion of this kind of criminal enterprise.
9) - Legal effects
This minority and this handicap become the determining elements of the penal incrimination of the manipulators.
They are legally accountable for all faults of the minor or the disabled.
The same goes for all forms of use, face-to-face or remote, of a minor or of a disabled person by a valid major.
The intrusion and action capacities of legal organizations in a delinquent case are increased tenfold.
10) - The moral effects
This rule completely changes the relationships of subordination of adults, the disabled and minors.
It does not disempower minors or the disabled who remain accountable for the danger they are unable to avoid.
It removes the firewall that the scholarly manipulation of the law creates today in favor of major and able-bodied criminals.
a- They stop handling their minor or handicapped cattle almost freely.
b- They also stop taunting and defending state agents.
11) – Conclusion
1- The recognition of an essential distinction between adults and minors, those under 18 and those 18 and over, is a permanent feature of human societies.
2- The penal distinction of these two populations from valid adults is a constitutional and civilizational achievement.
3- The criminalization of the responsibility of valid adults commensurate with the facts is also a constant of the law.
4- Again, you must not want to get involved in the combination.
Marc SALOMONE
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