Jack Broda is a pharmacist by training, became a judge at the Commercial Court of Nancy, then judge of the Social Pole of the Tribunal de Grande Instance of Nancy until his resignation to protest against the judgment of Kobili Traoré, the murderer of Sarah Halimi.
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To discover
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FIGAROVOX. - In an
article published by our colleagues from
L'Est Républicain
, you explain having returned your judge's robe, after the judgment of Kobili Traoré, the murderer of Sarah Halimi.
Can you explain your act to us?
Jack BRODA. -
When the judgment was delivered and the Court of Cassation confirmed that Kobili Traoré, the murderer of Sarah Halimi, was made inaccessible to any criminal sanction, my first reaction as a judge was to say to myself “
I'm dreaming!
".
To protest, I decided to resign from my post.
My resignation was accepted and ... regretted.
On the merits of the matter, I will say that there is the law and the spirit of the law.
There is no automatic response to a legal problem through an expertise, because the expert expresses an opinion, which must be corroborated by all the documents in the file.
In another life, pharmacist, I had the chance to obtain a diploma in medical ethics, it is a precise discipline in which all the constituent elements of the difficulties related to the profession are evoked: doctors, patients, rights and everyone's duties.
It would be useful to institute a new university degree in judicial ethics comparable to that of medicine.
When we call on an expert, the goal is not to give an opinion on his report, it is necessary to listen, to analyze all the opinions for the prosecution and the defense and this can only be done in the part of a trial and ultimately the court will deliver its verdict in its soul and conscience.
Lack of thinking can lead to a lack of understanding and analysis.
When we call on an expert, the goal is not to give an opinion on his report, it is necessary to listen, to analyze all the opinions for the prosecution and the defense and this can only be done in the part of a trial and
ultimately
the court will deliver its verdict in its soul and conscience.
Justice should not be done by experts.
Therefore, I strongly hope for a new trial.
It would be useful to institute a new university degree in judicial ethics comparable to that of medicine.
As a Jew, this obviously troubled me: what is this justice which takes up the cause of what appears to be an anti-Semitic assassination?
Yet I want to continue to believe in the institution that I have served for over 25 years.
Following demonstrations in several large cities in France to demand justice, the Minister of Justice, Éric Dupond-Moretti, announced that the government will present at the end of May in the Council of Ministers a bill to fill the legal vacuum that has arisen in the Sarah Halimi case. Is it a victory?
Finally !
It is a necessity !
The law should not be changed from top to bottom.
If the person wanted to put himself in this position of delirium: if he drinks, takes drugs, he therefore seeks a state which should allow him to break the law.
Article 122-1 of the penal code provides:
"
Is not criminally responsible the person who was reached at the time of the facts, of a psychic or neuropsychic disorder having abolished his discernment or the control of these acts.
"
Just add:
“Unless this disorder results from the consumption of narcotics, drugs or alcohol. "
If the person wanted to put himself in this position of delirium: if he drinks, takes drugs, he therefore seeks a state which should allow him to break the law.
In this case obviously Kobili Traoré is criminally responsible because according to the Latin axiom:
Nemo auditur propriam turpiondenem allegans ("No one is admissible to invoke his own turpitude").
Do you understand that we have to wait for the whole country to stir before the government reacts?
Governments follow one another and unfortunately on heavy and serious subjects, they do not always dare to go against the corporations.
There is still time to support the bill proposed by Nathalie Goulet, Senator for Orne, which, associated with parliamentary initiatives by Roger Karoutchi and Jean Sol, evokes the principle of penal irresponsibility which must be decided at the hearing and not in the investigating chamber.
If the government took time to react respecting the separation of powers, Emmanuel Macron understood the stakes of this judgment I think.
There is still time to support the bill proposed by Nathalie Goulet, Senator for Orne, which, associated with parliamentary initiatives by Roger Karoutchi and Jean Sol, evokes the principle of penal irresponsibility which must be decided at the hearing and not in the investigating chamber.