Translation google translate
The
French text is the reference
Marc Salomone / marcsalomone@sfr.fr / Blog: madic50.blogspot.com (censured) /
Book: The two forms, ed. Amazon.
Paris,
Wednesday, October 5, 2022
For:
Mr. Attorney General at the Court of Appeal
Appeal
of the dismissal decision of August 24, 2024 by the anti-terrorism
public prosecutor, via Aurélie Belliot, deputy prosecutor, of the
complaint of June 8, 2022.
N./Ref.
: Complaint of June 8, 2022 / supplement of June 20, 2022
V./Ref.
attached: Letter of 24.08.2022 / P.22236000384
"You
can challenge this classification decision by sending a reasoned
letter and accompanied by a copy of this classification notice to the
Attorney General at the Court of Appeal. »
Mr.
Attorney General at the Court of Appeal,
1.
Preamble
A
lawyer and the Point d'accès au droit tell me that the notice of
classification without follow-up of August 24, 2022, posted on August
26, 2022, does not include a deadline. There is none in the Notice.
So I
took the time to work on the arguments of the Appeal.
The
purpose of this letter is not to establish the facts and the analysis
developed in the complaint but to respond to the arguments of the
Classification without follow-up of the Public Prosecutor's Office.
The
public prosecutor dismisses his classification opinion because of one
and only argument: "the facts that you denounce do not fall
within the territorial jurisdiction of the French courts. »
He
sees it as a "legal obstacle".
This
argument is based on a motivation of the complaint: "Complaint
dated June 08, 2022 received in my services on June 17, 2022 against
X counts of war crimes"
I
will demonstrate that these two elements on which the prosecution
bases its decision are falsifications of the text of the complaint
and of the law.
It
is a voluntary operation that is morally based:
a-
on the one hand on a lack of consideration of the equality of all in
law and therefore of the capacities of everyone, indiscriminately, to
address the justice system to bring to their attention a crime.
In
accordance with art. 1 of the Constitution: "It ensures the
equality before the law of all citizens without distinction of
origin, race or religion. »
b-
on the other hand on the misunderstanding, to say the least, of the
urgency for the law and its representatives to take their place in a
debate where they must occupy the first place.
In
doing so, unless it creates new "legal obstacles" not
mentioned in the decision of the prosecution, it seems to me that the
complaint and the request for the opening of an investigation will
become admissible.
2)-
The decision of the prosecution
The
dismissal letter from the Public Prosecutor of the Anti-Terrorist
Prosecutor's Office of August 24, 2022, specifies:
"V/Ref:
Complaint dated June 08, 2022 received in my office on June 17, 2022
against X counts of war crimes
"
Sir,
I
hereby inform you that the aforementioned complaint has been filed
without further action at my prosecutor's office under the reference
number.
Indeed,
the examination of this procedure does not justify criminal
prosecution on the grounds that the facts that you denounce do not
fall within the territorial jurisdiction of the French courts.
The
facts you complained about cannot be judged due to a legal obstacle.
Therefore,
the prosecution can no longer pursue this case in court.
You
can contest this classification decision by sending a reasoned letter
accompanied by a copy of this classification notice to the public
prosecutor at the Court of Appeal.
You
also have the possibility of overriding my decision by continuing the
procedure yourself either through:
Of
the criminal trial
Civil
lawsuit. »
3)-
The complaint
1-
The aim
On
June 8, 2022, I sent to the public prosecutor a reflection having the
value of a complaint about a crime consisting in the disqualification
of women in Afghanistan and concerning Western executives, including
French present on the scene, for counts of complicity in crimes
against humanity and participation in a war crime.
I
call them journalists since the journalist who reports the facts that
I study presented them thus on television.
He
himself lives in France and contributes regularly to a weekly
newspaper; The chained Duck.
This
collaboration reinforces the reliability of his testimony.
This
complaint is fair and does not involve the magistrates in any
partisan position.
It
aims to qualify the facts and their perpetrators and to give the law
and its representatives the opportunity to take their rightful place
and which they alone can ensure and assume in the public debate
opened by this crime; where war, politics, civil debate, fail to
account for the facts.
2-
The prosecution's response
The
answer of August 24, 2022 comes from the public prosecutor of the
anti-terrorism prosecution.
It
builds the falsification of the title of the complaint, the omission
of legal references that allow it to be studied, the ignorance of the
urgency of the presence of the law.
5)-
The falsification of the title of the complaint
1-
The complaint relates to:
"the
possible criminal responsibilities of French and Europeans, as
complicity in crimes against humanity and war crimes. (See complaint
p.1)
2-
The prosecution's response relates to:
"V/Ref:
Complaint dated June 08, 2022 received in my office on June 17, 2022
against X counts of war crimes"
The
falsification is patent.
6)-
The link between the two crimes
War
crimes can only be conceived through complicity with crimes against
humanity.
The
Taliban are the branch of administrative supremacy, where the other
Mujahideen branches organize the supremacy of the private, of the
Warlords.
Even
if the Taliban administratively rationalizes an oppression that other
branches mix with the art of individual looting and turf wars; both
humanely disqualify women as the basis of their politics.
The
human disqualification of women is a crime against humanity.
To
women who question them about their rights, journalists respond that
the Mujahideen's political war aims outweigh women's rights.
In
doing so, they are complicit in crimes against humanity.
By
sharing the military continuity of this civilian crime, by accepting
de facto the subordination of their support for the strictly military
activities of their allies to the regular commission of a crime by
them, they are guilty of participation in a war crime. .
All
the more so since they know that the official reason for their
support for the military activity of the Mujahideen (the rejection of
Soviet troops) has been moot for several years.
It
is still necessary to agree to qualify the disqualification of one
sex (women), by the other, or for the benefit of the other (men) as a
crime against humanity.
7)-
The function of mutilation
This
deletion of one of the two criminal references by the prosecution
seems voluntary.
It
is a question of reducing the complaint to a trick, a thing, a
contraption.
This
complaint must be dissociated from the activity of the Mujahideen in
Afghanistan and the responsibilities taken on this occasion by
certain Western executives.
This
is reflected in the information provided by the prosecution to object
to the dismissal:
The
complaint is likened to "the summoning of an adversary" and
a claim for damages against that person.
It
is well mentioned the request "to open an investigation by means
of a constitution of civil party before the dean of the investigating
judges".
But,
you have to pay.
However,
I specified in the complaint that I am forced to AJ.
8)-
The exclusion of women's rights.
Thus,
women are put out of the attention of justice.
The
complaint is reduced to a virtual denunciation of a common law crime
committed by one or more individuals against the author of the
complaint.
It
is a recomposition of the complaint.
In
the discussion reported by the journalist quoted, the question is not
that of the communication of an address of a brothel for minors.
It
is the fate of Afghan women, in their Totality, that is at stake.
The
facts will prove these interlocutors right.
Journalists
and other potential attendees answer this question: do they agree to
make a pact with those who will disqualify the humanity of women?
Their
verbal, expressed answer is yes and it is subject to judicial
attention.
So
the journalists respond to the women that the Mujahideen have
priority over them.
The
prosecution makes it known by the rejection of this complaint that
those who collaborated in delivering them to their executioners and
to slavery are untouchable.
This goes against French and European case law.
9)-
Two types of war crimes:
All
armies commit war crimes.
a-
When a Frenchman in 1944 sided with the American army, he assumed the
militarily useless bombardments of villages or towns.
But
the Americans do not come to France to raze the cities. They come to
hunt the Germans.
b-
When Afghan women ask journalists on which side they are, they ask
them to choose between their right to humanity and people who kill in
the context of a military battle that no longer has any place and
whose main if not unique goal is to build a new, modern society,
which is based on the disqualification of women.
It
is moreover because the fate of women is their only concern, which
they will constantly demonstrate thereafter, that the Mujahideen,
all, refuse to enter the government of national unity as proposed by
the government in place. .
The
official reason for the war has been extinguished for four years with
the departure of Soviet troops in 1988.
To
pass all this mutilation and the mess it generates, it is possible
and even necessary to use legal references to threaten twice without
seeming to touch the plaintiff with legal, financial and penal
repressions, knowing that he is poor and that he is waiting for the
legal response to seek legal aid.
10)-
The evasion of legal references
1-
The only reason for the rejection
The
anti-terrorism prosecution invalidates the complaint on the basis of
a single reason that of "a legal obstacle".
I
note that the anti-terrorism prosecution does not retain any reason
that would come from the content of the complaint itself.
He
bases the dismissal of the complaint on a simple question of
procedure.
This
is why Madame Aurélie Belliot, Deputy Prosecutor, who drafts the
text for the prosecutor notes:
a-
informs
"I
hereby inform you that the aforementioned complaint is dismissed at
my prosecutor's office"
b-
the fact
"Indeed,
the examination of this procedure does not justify a criminal
prosecution"
c-
the pattern
"on
the grounds that the facts you denounce do not fall within the
territorial jurisdiction of the French courts. »
d-
the "legal obstacle"
“The
facts you complained about cannot be tried due to a legal impediment.
»
e-
accordingly
“Therefore,
the prosecution can no longer pursue this case in court. »
There
is no "suite" because "the procedure does not justify
criminal prosecution" for the sole "reason of a legal
obstacle" which is the exclusion of the subject from
"territorial jurisdiction".
The
validity of this "dismissal" rests solely on this "legal
hurdle".
2-
Erasure
In
the same way that the anti-terrorist prosecutor's office voluntarily
erases complicity in crimes against humanity; it erases "universal
jurisdiction" in favor of only "territorial jurisdiction".
We
are clearly in the ideology of self-segregation by referring the
overbearing to their local concerns seen as a restrictive assignment.
It
therefore falls to me to examine this question of Jurisdiction.
11)-
Professional morality
I am
not accountable here for a discussion on Skills.
Judges
are deemed to know the rules.
I
find that the district attorney omits one of the two Jurisdiction
rules; voluntarily since he knows them.
I
therefore recall the existence of this one and its qualities
concerning us.
Moreover,
no magistrate, and especially not those of the Anti-Terrorist
Prosecutor's Office, needs to be reminded of the rules of operation
of Universal Jurisdiction.
Consequently,
the book references to the Competences of French justice, below, are
not intended to teach magistrates that they exist and how but to
examine the logic by which the anti-terrorism prosecution denies or
manipulates their existence in the present case.
12)-
Skills
There
are two Skill rules; territorial and universal.
Universal
Jurisdiction is now a recognized jurisdiction in the same way as
Territorial Jurisdiction.
It
is enshrined in all the treaties establishing international courts of
justice that France has helped to set up and that it has signed.
The
anti-terrorist prosecutor's office has no professional reason to omit
this Competence in the motivation of a follow-up or classification
decision.
He
is simply convinced that this voluntary censorship will not be
followed up because of the plaintiff's social status or covered by
obscure solidarities.
13)-
A souvenir
Many
years ago, the magistrates condemned a young man who had left to
shoot in Asia.
He
had been denounced by the photographer who had developed his souvenir
photos.
One
of them showed him with his Asian companions posing in front of an
enemy's head on the ground.
Although
he had demonstrated that he had never fired a gun or killed anyone,
he was sentenced to a prison term.
The
facts took place 10,000 km from France.
At
the time, universal jurisdiction was new to the ordinary functioning
of justice. It had to be installed.
He
was neither a journalist nor an associate, just a somewhat unbalanced
Tartarin who had wanted a great adventure to tell his friends.
He
did not understand.
He
committed suicide upon his release from prison.
14)-
Universal Jurisdiction
Seen
on the internet, Universal Jurisdiction has two qualities that
concern us:
1-
Cairn.info
“Universal
jurisdiction consists of the ability of a judge to try an offense
regardless of where it was committed and regardless of the
nationality of the perpetrator and that of the victim. »
2-
Universal jurisdiction - TRIAL International
"Under
this principle, States have the possibility (and sometimes even the
obligation) to prosecute the perpetrators of international crimes
found on their territory - and this wherever the crimes were
committed and whatever the nationality of the perpetrators. and
victims. »
3-
What is universal jurisdiction? - Amnesty International France
a-
Universal jurisdiction means that the State is competent to prosecute
and judge an offense when it has not been committed on its territory,
when it has been committed by a foreign person, against a foreign
victim, and without that State being the victim of the offence.
b-
There are two main categories of universal jurisdiction:
Absolute
universal jurisdiction:
aa-
the courts of State A have jurisdiction even if no legal link seems
to attach the offense to said State A.
In
particular, the courts of country A can try people who have committed
a crime abroad and who are not on the territory of country A.
ab-
Relative universal jurisdiction: the courts of country A only have
jurisdiction if there is a legal connection with country A. In
particular, the perpetrator of the offense is located in country A.
15)-
The French code
According
to Amnesty International, France attaches three conditions to its
participation in the exercise of Universal Jurisdiction:
1-
Residence
-
The person responsible for a genocide, crime against humanity or war
crime can only be prosecuted if he "habitually resides" on
French territory.
2-
The monopoly of the prosecutor's office
a-
The law entrusts the monopoly of prosecution to the Public
Prosecutor's Office: this eliminates the possibility for a victim or
association to initiate proceedings by filing a complaint with a
civil action. -
b-
This provision is interesting because it denounces the means used by
the Anti-Terrorist Prosecutor's Office to refuse to lend its support
to this complaint.
c-
the prosecution writes:
"You
also have the option of overriding my decision by pursuing the
procedure yourself either through:
OF
THE CRIMINAL TRIAL:
- by
seizing the competent court by direct summons;
You
must ask a bailiff to summon your opponent to court. If you have
recourse to the assistance of a lawyer, it is he who will contact the
bailiff.
- or
by requesting the opening of an investigation by means of a
constitution of civil party before the dean of the investigating
judges.
In
this case, you will be asked to pay a sum fixed by the examining
magistrate in guarantee of the payment of the civil fine likely to be
pronounced if your constitution of civil party is considered to be
abusive or dilatory. »
This
sum is here exclusively a means of social segregation.
d-
The anti-terrorist public prosecutor says "my decision".
It's
not a simple copy-paste.
However,
according to Amnesty International, recourse to the constitution of a
civil party is prohibited by law in this case.
He
therefore knows that his advice is worthless.
e-
this dysfunction in the councils stems from the mutilation of the
complaint.
By
this mutilation, the prosecution makes it a neighborhood complaint.
f-
It is an evasion of the responsibilities of the prosecution combined
with the expression of brutal social contempt.
The
silent contempt of enslaved women combined with the talkative hatred
of the poor.
g-
the law therefore enjoins the Public Prosecutor's Office to take
responsibility for the opening of information.
3-
Co-jurisdiction
"The
acts must be punishable both by French law and by the legislation of
the State where they were committed under the condition of dual
criminality. Thus, it is enough that a State has not provided for
genocide in its national law to prevent prosecution in France on this
basis. France therefore encourages impunity in the States where such
crimes have been committed. »
I
will explain below that this rule is compatible with the complaint.
16)-
The case in point
The
filed complaint falls under these three conditions:
1-
Residence
The
reporter of the facts is a French journalist who lives in France and
works regularly for a French weekly.
He
will say who the others are.
One
cannot assume their strangeness before knowing them.
2-
The monopoly of the prosecutor's office
a- I
can only speak to him.
b-
It is a question of obtaining an investigation. What goes through the
floor.
Which
rejects without valid reason.
3-
Co-jurisdiction
The
Taliban government is not recognized by the French government. And
this is not the only one.
Therefore
the Constitution and the law of reference are those of the previous
government, the one that the Taliban overthrew by force alone without
any recognized legal procedure.
What
does the legal Afghan law recognized by world legal bodies say?
Wikipedia:
Islamic
Republic of Afghanistan
The
Afghan constitution governed the organization of the Afghan state
formed by the International Coalition between the fall of the Taliban
regime in October-December 2001 and their resumption of power in
August 2021. It was adopted in January 2004 by an assembly of
notables Afghans.
Preamble
The
Preamble to the Constitution mentions eleven points which preside
over the main principles of the text1. Islam as the religion of the
Afghan people and the difficult resistance of the jihad against the
Soviets are the first points recognized.
However,
many other points are asserted:
• respect for the Universal Declaration of Human Rights1;
• the guarantee of national unity, the sovereignty of the country
and its integrity1;
• the rejection of oppression, discrimination, atrocities and the
establishment of a society based on the rule of law, social justice,
protection of human rights and dignity;
• ensuring the development of a prosperous country and a healthy
environment;
• put the country back on the international scene.
Chapter
II of the constitution has 37 articles that define the rights and
duties of Afghan citizens.
a-
the first principles laid down are those of equality between men and
women (article 21)
b-
duty of the State to respect and protect the freedom of its citizens
(article 22)3.
c-
justice, the presumption of innocence and the right to counsel are
established and torture is prohibited3.
Such
a constitution can only include the recognition of war crimes and
crimes against humanity in its legal corpus.
This
case therefore fulfills all the boxes of Universal Jurisdiction.
17)-
The urgency of the law
Assured
of the oblivion of the remark thus buried, the prosecution casually
uses fallacious, constructed arguments to eliminate the examination
of a request for an investigation into the participation of networks
of Western executives, by some of their members, in new criminality
wearing the clothes of customary ideological practices.
In
doing so, he ignores the urgency of the presence of the law and
therefore of judges in the emergence of these practices and their
metastases.
This
urgency is recalled almost daily by the news from Afghanistan and the
Western metastases of the victory of this type of crime.
The
news now extends this urgency to Iran and the consequences of its
"Talibanization" on Europe. (To see further).
Three
current examples bear witness to this:
1-
The rejection of the constitutionality of abortion by the Supreme
Court of the United States of America.
2-
The double repetition in the same terms of the Taliban logic with
regard to the Finnish Prime Minister, Mrs. Sanna Marin.
a-
the obligation made to her, by organizations unable to demand it, to
submit to a drug test for the sole reason that she danced.
b-
the questioning of her legitimacy to exercise power because she
danced.
Madam
Secretary of State Hillary Clinton was not mistaken.
She
posted a photo showing her dancing for fun while performing her
duties.
c-
At the same time, a woman of the same rank as her, President of the
European Commission, Mrs. Ursula Von Der Leyen, was spending three
days in the ecumenical community of Taizé. She explained that she
came there to "find inspiration in the difficult times that
Europe is going through".
Each
his own.
The
fact is that no one found fault with this step aside with regard to
his work.
d-
In one case, a woman dances, she is a whore, in the other, she
submits to a religious order, she is in her place.
e- I
think that only the penetration of the metastases of the Taliban
victory can explain this institutional dissociation (because there
are practical effects) between the choices of these two stateswomen.
It
is from both that this modernity based on the disqualification of
women is forged.
However,
it is neither Muslim customs nor Protestant Puritanism that are in
question.
It
is a political industrialization of these doctrines that makes them a
new ideological practice.
f-
The fact that networks of Finnish executives were able to contribute
to it in 2022 lends credibility to the idea that European journalists
were also able to contribute to the same operation in Afghanistan in
1992.
3-
On September 16, 2022, the Iranian morality police somehow homicide
Miss Mahsa Amini.
Madame
Azadeh Kian, French-Iranian sociologist, professor of sociology and
director of the Center for Teaching, Documentation and Research for
Feminist Studies (CEDREF) at Paris-Diderot University; speaks of the
"Talibanization" of the Iranian regime.
The
event is significant enough for the French government to publish a
condemnation and for the American government to take "sanctions"
against the heads of the Iranian service responsible for the facts.
Again,
dozens of people are dying in Iran seeking justice.
The
center of this debate is again the disqualification of women. The
facts concern the control of the obligation to wear a public sign of
their specific servitude.
This
is confirmed by women who risk their lives by removing this garment.
18)-
Inequality in law
It
would be good if, on this occasion, the magistrates forgot the
ordinary social segregation in the functioning of justice by
selecting litigants according to their financial capacity to hire a
lawyer themselves, to use the civil party constitution, by court
costs.
Social
selection is also made by the innocuous threat of financial
repression if the importunate persists.
1-
Constitution of Civil Party:
"In
this case, you will be asked to pay a sum set by the investigating
judge as security for the payment of the civil fine that may be
imposed if your civil action is deemed abusive or dilatory. »
2-
Legal Aid (AJ)
“a-
In the event of insufficient resources, you can request the benefit
of legal aid, by writing to the following address:….
b- I
draw your attention to the fact that Article 177-2 of the Code of
Criminal Procedure provides for the sanction of abusive civil party
filings. »
These
threats being said of course under the guise of a reminder of the
law.
At
71, having filed a complaint for rape, sexual violence, racism,
spoliation and exploitation of the mentally handicapped, I have
experience, even limited, of the socially segregated and violent
functioning of justice, both judges and lawyers , with respect to
vulnerable persons; not to mention the cultural hatreds that are
added to it.
As
self-evident, it always begins with the travesty of the grounds for
the complaint, then the ritual accusation of lying, the search for
mental discredit and the silting of the procedure.
I
therefore request from you the calm and professional examination of
the question raised.
It
is a complaint, it is motivated, it relates to the qualifications of
a crime against humanity and a war crime.
I
specified in the complaint that I must have the declaration of
opening of an investigation by the justice to be able to dispose of
the AJ and to entrust a lawyer with the care of following the
procedure.
19)
- Courage and Fear
Afghans
and Iranians protest saying, "We are not afraid!" »
But
they must show that courage that commands admiration.
Here
we do not need courage.
Greatness,
public service, is honesty.
Courage
is the impotent result of our failures, our cowardice, our
intellectual limits.
The
intimate question that the French must answer, on the other hand, is
that of what and of whom are we afraid?
20)-
The right
The
law is inseparable from its representatives. It includes both judges
and lawyers from both parties.
1-
He knows very well how to judge the defeated or those who do not yet
know that the social system in which they are part is obsolete. It
accompanies their conversion.
French
jurists know how to accompany the downgrading of petty chiefs,
religious or civil.
2-
On the other hand, this ranking without follow-up indicates that it
has not found its place in the judgment of the winners or in the
confrontations where the devices of tomorrow are being built today.
21)-
The originality of the subject
By
this complaint, I draw the attention of justice to an original legal
course.
1-
Judge the strongest
This
criminality does not concern the belated macho victories of yesterday
but the winners of the fight in which the journalists and associates
concerned have joined, which consists in presenting the
disqualification of women as a solution to the questions of
modernity.
a-
The Mujahideen defeated the communist government and the Taliban
version of the Mujahideen defeated the democratic government
installed by the Americans and established the supremacy of Quran law
over civil law.
b-
Western journalists or associates who contributed to the victory of
their Mujahideen allies are part of both the victory against the
Afghan communist government and the installation of the crime of
disqualification of women.
c-
Both are among the winners of post-Soviet geopolitics.
2-
Judge the "builders"
By
accompanying them passively, the law subordinates itself to the
winners who claim to be the founders of this new world and therefore
of its law.
They
cannot be criminals because they are the de facto or de jure writers
of legal codes.
From
now on, they are the ones who designate the criminals.
A
primary function of the victors being to bring to justice the
criminals of this new version of the law.
a-
The Taliban manufacture their litigants.
b-
The journalists do not hesitate either to point out the criminals of
the moment to justice.
c-
For lack of available justice, these criminals can be apprehended by
the destruction of their country and executed by pseudo-unknowns.
This was the case of President Gaddafi and his country, Libya.
3-
Judging "friends"
This
time, the judges are also faced with examining the criminality of
people who are on their own side in the geostrategic space of the
1978-1992 war in Afghanistan; that of the Cold War.
Again,
that doesn't take "courage" (we leave that to Afghan
women).
It
requires honesty, lucidity, professionalism.
4-
Becoming
On
the other hand, the Finnish example (and many others which do not
concern the Statesmen or Women) convince us that if the law is not
said, the European generations to come will once again have to show
courage to towards their "friends", the victors, the
prescribers of the law.
22)-
Closing
1- I
think I answered all the arguments in the package point by point;
without discriminating or forgetting a single one.
2-
This complaint is perfectly in line with French law and the justice
system has all the instruments to open information and investigate,
such as, if necessary, the Criminal Research Institute of the
National Gendarmerie (IRCGN).
3-
We can no doubt recognize in this questioning the imprint of reality,
necessity and urgency.
Thanking
you for your attention,
Please
accept, Mr. Attorney General, the assurance of my best regards.
Marc
SALOMONE
retired
worker
MINISTRY
OF JUSTICE
Liberty
equality fraternity
NATIONAL
ANTI-TERRORIST PROSECUTOR'S
Crimes
against Humanity, war crimes and offenses unit
The
Anti-Terrorism Public Prosecutor
to:
Mr. Marc SALOMONE
122
bis boulevard Davout
75O2O
PARIS
V/Ref:
Complaint dated June 08, 2022 received in my services on June 17,
2022 against X of the heads of
war
crimes
O/Ref:
P.222360OO384
Sir,
I
hereby inform you that the aforementioned complaint has been filed
without further action at my prosecutor's office under the reference
number.
Indeed,
the examination of this procedure does not justify criminal
prosecution on the grounds that the facts that you denounce do not
fall within the territorial jurisdiction of the French courts.
The
facts you complained about cannot be judged due to a legal obstacle.
Therefore, the prosecution can no longer pursue this case in court.
You
can contest this classification decision by sending a reasoned letter
accompanied by a copy of this classification notice to the public
prosecutor at the Court of Appeal.
You
also have the possibility of overriding my decision by continuing the
procedure yourself either through:
OF
THE CRIMINAL TRIAL:
- by
seizing the competent court by direct summons;
You
must ask a bailiff to summon your opponent to court. If you have
recourse to the assistance of a lawyer, it is he who will contact the
bailiff.
- or
by requesting the opening of an investigation by means of a
constitution of civil party before the dean of the investigating
judges.
In
this case, you will be asked to pay a sum fixed by the examining
magistrate in guarantee of the payment of the civil fine likely to be
pronounced if your constitution of civil party is considered to be
abusive or dilatory.
P2
OF
THE CIVIL TRIAL:
Ask
a bailiff to summon your opponent before the civil court to claim
payment of damages.
If
you intend to claim damages for an amount less than or equal to 4OO0
euros, you must bring the case before the court near your opponent's
domicile.
If
you intend to claim damages for an amount between 4000 and 1000
euros, you must bring the case before the district court of your
opponent's domicile.
At
the hearing, you can appear in person, or be represented by a lawyer
or a relative (your spouse, your relatives and allies in direct line,
people exclusively attached to your personal service or your
company).
If
you intend to claim damages for an amount greater than 10,000, you
must bring the case before the high court of your opponent's
domicile.
In
this case, you must hire a lawyer.
In
the event of insufficient resources, you can request the benefit of
legal aid, in
writing
to the following address:
Judicial
Court of Paris
Legal
aid office
Forecourt
of the Court
75859
PARIS CEDEX 17
I
draw your attention to the fact that Article 177-2 of the Code of
Criminal Procedure provides for the sanction of abusive civil party
filings.
Although
the complaint you have filed has been closed, if you maintain your
intention to obtain compensation for your damage, you can ask the
president of the bar association to appoint a lawyer for you to
assist you. in your steps.
To
this end, you must send the attached form.
You
are advised that the costs of this lawyer will be at your expense.
However, if your monthly income
are
below the ceiling set by law (936 euros for total legal aid, 1367
euros for partial legal aid), you will be able to benefit from legal
aid, the lawyer's fees then being covered in full or part by the
state.
For
any additional information on this point, you can contact the legal
aid office at the tribunal de grande instance.
"
If you want to know more: www.justice.gouv.fr, section "rights
and procedures" "
Please
accept, Madam, Sir, the expression of my consideration
Done
in Paris, August 24, 2022'
P/THE
PROSECUTOR OF THE ANTI-TERRORIST REPUBLIC
Aurélie
BELLIOT, Deputy Prosecutor
P3
Mr.
President of the Paris Bar Association
11
Place Dauphine
75053
PARIS CEDEX 01
Parquet
number:
I,
the undersigned),
NAME
FIRST
NAMES
Born
/
at
Domicile:
N'
Street
Postal
code
Town
asks
the President of the Bar to be good enough, in accordance with the
provisions of Article 4O-4 paragraph 2 of the Code of Criminal
Procedure, to appoint me a lawyer within the framework of the
procedure in reference which has been the subject of a classification
without continuation.
HAS
the
Signature
