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Why a trial is necessary even when discernment is abolished

2021-05-13T22:00:12.738Z


FIGAROVOX / TRIBUNE - Reflecting on the Sarah Halimi case, the three members of the National Academy of Medicine explain why, according to them, even if the experts conclude to the criminal irresponsibility of the murderer, a trial is fundamental.


In 1992, the philosopher Louis Althusser, a criminal considered irresponsible for the murder of his wife twelve years earlier, called out to us: “If I had had to appear, I would have had to answer (…).

Unfortunately, that was wishful thinking.

Under his tombstone (…), (the mentally ill person) slowly becomes like a sort of living dead. ”

If some, in intellectual circles, had mobilized so that there was no trial, he, with hindsight, would have liked it.

Despite progress, this reality, this complexity remains.

The tragic Halimi affair calls for answers.

To discover

  • Michel Houellebecq: "A civilization which legalizes euthanasia loses all rights to respect"

To read also:

Haïm Korsia: "Why the absence of trial of the murderer of Sarah Halimi is so shocking"

When, in 1810, the penal code laid down the principle that the person in a state of dementia at the time of having committed a crime could not be punished, the image of the diabolical possession was not far in the representation of the disease. mental.

The state of dementia retained, a dismissal, for psychiatric reason, extinguished the legal action and the person was returned to the custody of the psychiatric institution.

Criminal irresponsibility

In the twentieth

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Source: lefigaro

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