Éric Dupond-Moretti has convictions and he is stubborn when it comes to putting them into practice.
Already, it imposed the common work between magistrates and lawyers in the training of these two professions.
From now on, it is on the legislative profession that he puts everything that has always been close to his heart.
What does it matter that its reform
"for the confidence in the judicial institution"
has a little air of junk in the criminal procedure.
The Keeper of the Seals justifies it by "
the need to restore the confidence of the French in justice
".
"
We are faced with a very protean text, responding to specific problems and which lack an overview, as often in matters of criminal procedure
", regrets Ludovic Friat of the Union Syndicale des Magistrates (USM).
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Some of the provisions have a post-Sarkozy flavor, even if some were already included in the Mattei report released on February 25.
There was a good place to frame the preliminary investigation in time.
The magistrates who were members of the commission proposed three years, renewable once.
The Minister of Justice preferred to follow the position of the lawyer members and limit it to two years, renewable once.
"We
will have to provide after-sales service to the Ministry of the Interior,
" warns a middle-level prosecutor.
“Because if the preliminary investigations sometimes drag on for years, it is because we do not have enough investigators.
This device will mean that the most complex cases, those economic and financial, or those which are not a priority, such as the default of alimony will be sacrificed.
It is providing the wrong answer to real questions
, ”he fears.
At the USM, it is recalled that "
preliminary investigations of more than three years represent only 2% of the total
".
Within one year, it will be possible to request access to their file when they have been in police custody, heard as a witness or even searched.
This additional amount of adversarial proceedings in a procedure which is less so should also satisfy lawyers, whose professional secrecy is reinforced.
The Keeper of the Seals sanctifies it, in particular in matters of eavesdropping and searches of cabinets, by setting the obligation of a suspicion of an offense to carry out these very intrusive acts.
Generalize criminal courts
In the American style, Dupond-Moretti also proposes setting up a platform to cut interception when it comes to a conversation between lawyers and clients.
In matters of fadettes, whose regime will be aligned with that of tapping, it will not be possible to claim them for offenses incurring less than three years in prison.
On the other hand, the liberty and detention judge may oppose searches of law firms requested by the investigating judge.
The latter may appeal against this refusal.
What thrill the judges of the seat who do not imagine to appeal against a colleague.
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On the other hand, the latter are fortunately surprised by the decision to generalize the criminal courts which make it possible to accelerate the penal flow.
An honorary lawyer should be included among the assessors.
And, by the way, the assize courts win a juror.
What make them the majority for the deliberations.
"
Could it be that the Keeper of the Seals doesn't trust us?"
», Smiles a high magistrate of the court of appeal.
