Marc Salomone / Blog: madic50.blogspot.com / Book: The two forms, ed. Amazon.
Paris, Tuesday, December 14, 2021
Versailles Court of Appeal / 5, rue Carnot, 78 011 VERSAILLES CEDEX
tel: 01 39 49 67 89 / gug.ca-versailles@justice.fr
Subject: Benzema vs Valbuena case
Madam, Mr President of the Court of Appeal of Versailles
Madam, Mr. Attorney General of the Court of Appeal of Versailles
1. Preamble
I bring to your attention the look of ordinary French on the judgment of Mr. Benzema in his opposition to Mr. Valbuena.
It is up to you alone to pronounce the verdict. However, its public consequences will be everyone's business.
This is why I am sending you my opinion on the public debate that accompanies this trial.
2) - Mafia action
During his performance in the France team, in the official training stadium of the latter, Mr. Benzema voluntarily conveyed, in consultation, the orders of a thug towards an honest person who is like him a player of this team.
a- In other words, as an agent of the State, or a person officially representing France, paid by the French State, he installed in the State the orders of a thug with regard to a of his alter egos.
b- Installing in the services of the State, on the part of one of its agents, the orders of a thug with regard to another agent of the State, is the definition of the installation of the Mafia action and organization.
3) - A citizen
If Mr. Valbuena had not been honest, had not as such immediately warned the police, had not immediately turned to justice, and if the commissioner concerned had not taken all the legal initiatives, Mr. Benzema and his acolytes would have woven a Mafia network within the France team.
However, we know from the press that the ground is favorable for this development. Thus, several players were contacted or intervened through these thugs or others.
Mr. Valbuena's intervention is not that of a victim but of a citizen.
4) - Respect for justice
1- The practice
Mr. Benzema has never ceased to show his contempt for justice and his refusal to recognize it.
On January 21, he called the announced trial a "masquerade".
On November 21, he refused to appear for trial.
According to his former sports agent “Karim works, he has a job. He has a match tomorrow [Tuesday] in the Champions League, and a clasico to prepare for Sunday, in parentheses. Just one of the most important games in the world… ". "
By comparison, Mr. Valbuena was present and, I believe, was playing a game on the day of the trial.
2- The political line
Regarding the Appeal, his lawyers specified that “Mr. Benzema will come ... if he is not retained for professional reasons. "
According to them, it is enough that they have "informed" the court for it to be summoned to admit this absence.
The refusal to recognize the Judicial Authority as binding on everyone is therefore its official defense policy, a political line, and by no means a simple character trait.
5) - Case law
1- statesmen
a- Statesmen who according to justice are guilty of misconduct are almost systematically sentenced to prison terms in addition to the suspension.
b- One of them has just been sent to prison for not respecting the conditions of the suspension.
c- That obliges.
2- Mr. Benzema
a- In first instance, the President of the court, Isabelle Prévost-Desprez, underlines "the indifference to the criminal law" of the absent defendant.
b- Concerning the penalty, she writes:
"The court judges that only a mixed sentence is likely to mark the gravity of the facts".
c- By this it means that the conviction must include a prison sentence.
d- On arrival, there is no prison sentence, even with accommodation.
e- However, this is almost always the case for statesmen.
f- There is therefore a doubling of the public significance of the equivalence of a release.
g- It is a political victory.
h- However, the process also has the function of publicly distributing the winners and the losers.
i- It is the legend Benzema who will organize the political consequences of this trial.
j- That is why, far from thanking the court for its leniency, the Defense insults the victim and denounces the incompetence of the Tribunal.
6) - - The penalty
1- Deferred acknowledgment
The suspended prison sentence exclusive of the firm prison amounts to a deferred acquittal.
Of course, Mr. Benzema is being penalized for what he did, but only because he got caught and because it is still too early for the practice to be endorsed.
He is treated by a charitable justice as a pioneer who had to transgress obsolete laws.
2- Civilian executives
a- Sports executives were not mistaken.
Having obtained the assurance that a prison sentence would not be pronounced, they even before the announcement of the verdict declared that this judgment would not change anything regarding the place of Mr. Benzema in the France team.
3- Mafia victory
Mr. Benzema followed the traditional path of the pioneers;
Initiative, incomprehension, purgatory, glory.
Maffious and glorious. This is exactly the definition of the installation of the Mafia in civil society.
Whether this operation results in an immediate relative decline (Mr. Valbuena is not in their boots) is irrelevant.
The political victory brought about by the legal ambiguity outweighs the rage at having had to let go of a prey.
7) - Inequality in French law
This trial establishes an inequality in law between statesmen presumed or judged delinquent and networks of civilians presumed or judged delinquent.
1- Before the trial
a- Justice accepts that a civil defendant refuses to go to his trial to answer questions from the judges.
b- Justice warns an honorary President of the Republic that it will send him the gendarmes if he does not appear at his trial.
2- Before the conviction
a- A former Minister of the Interior did not return quickly enough an embezzled sum which he had
at his discretion. He is in prison.
b- Mr. Benzema broke a man's career. It cost him happiness and millions.
He emerges as the political winner of the trial. In return, the victim and the court are trampled on.
3- Before the execution
a- An honorary Minister of the Interior can go to prison at 77 years for a default of payment annexed to his sentence.
b- A 33-year-old civilian benefits from the suspension because a prison sentence would interfere
with his work plan. It would be unbecoming, unworthy, monstrous, for him to carry out a prison sentence, even if it could be modified.
c- It is true that one signs up at 5000th per month and cheats right to get a few ingots and that the other signs up at 1 million per month and flies right in his private jet.
d- Other times, other Masters, other inequalities.
8) – France
At the same time as the Benzema affair is unfolding, Italy was organizing a mega-trial to try the little mafia hands of civil society; by the hundreds, all honorable executives of civil society.
It is exactly to this society that the absence of a fixed prison sentence, even a flexible one, leads us to the thug in his Sunday best that is Mr. Benzema.
No one can say they don't know.
9) – Conclusion
1- The judicial authority says that a statesman can have a prison sentence and request his adjustment.
2- We can just as well expect her to consider Mr. Benzema as a Head of State, a Councilor of State, a Minister of the Interior, among others.
3- Let us have a thought for the young people who will live in this jurisprudence.
Thanking you for your attention,
Please accept, Madam, Sir, the President of the Court of Appeal, the Attorney General of the Court of Appeal, the assurance of my best regards,
Marc SALOMONE
Aucun commentaire:
Enregistrer un commentaire