THE QUESTION
.
Like Captain Haddock's adhesive plaster, the issue of professional secrecy violated by wiretapping between criminal lawyer Thierry Herzog and his client Nicolas Sarkozy sticks to the harsh verdict of the trial unveiled on Monday.
To read also: Nicolas Sarkozy: "I cannot accept to have been condemned for what I did not do"
Yes or no, were the investigators entitled, at the request of the national financial prosecutor's office, to listen to conversations between a lawyer and his client?
CHECKS.
To answer this question precisely, it is necessary to distinguish the question of professional secrecy from that of incidental tapping more commonly known as “
driftnets
”.
The professional secrecy of the lawyer is guaranteed by the law of December 31, 1971, and article 66-5, modified by the law of March 28, 2011. It makes it an absolute and unlimited secrecy insofar as it provides that "
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