The Limited Times

Now you can see non-English news...

Suspicion of conflict of interest: decision Tuesday in cassation on a request from Eric Dupond-Moretti

2021-12-19T08:23:51.518Z


The Court of Cassation rules Tuesday, December 21 on an appeal by the Minister of Justice Eric Dupond-Moretti who requests a hearing of the highest magistrate ...


The Court of Cassation rules Tuesday, December 21 on an appeal by the Minister of Justice Eric Dupond-Moretti who requests a hearing of the highest magistrate of France, François Molins, in the investigation of the Court of Justice of the Republic (CJR) which refers to him for "

illegal taking of interests

".

Read also Eric Dupond-Moretti's response to the dissatisfaction of the magistrates

Éric Dupond-Moretti disputes the refusal of the three magistrates of the investigative committee of the CJR to hear the prosecutor at the Court of Cassation François Molins.

This decision, taken on August 17, was confirmed on appeal by the same judges on September 16.

During the hearing on December 10 before the plenary assembly, the most solemn formation of the highest court of the judicial order, Me Patrice Spinosi, lawyer for the Minister of Justice, had denounced "

an excess of power

" of the CJR.

He also criticized the procedure which "

dysfunction

" and would not guarantee the fundamental rights of the minister.

At the heart of the debates, a phone call, made in mid-September 2020 by Véronique Malbec, chief of staff of Mr. Dupond-Moretti, to François Molins, also president of the Superior Council of the Judiciary (CSM).

The call related to the follow-up to be given to a first report from the General Inspectorate of Justice (IGJ) on the functioning of the National Financial Prosecutor's Office (PNF) after an investigation by it around Nicolas Sarkozy.

During this conversation, the Attorney General informed Ms. Malbec that the referral to the IGJ seemed more appropriate than the CSM, no disciplinary fault of the magistrates having been noted.

It was a “

procedural reminder of principle

” and not of advice, explained François Molins in a letter addressed to the CJR.

Indicted on July 16 for "

illegal taking of interest

", Eric Dupond-Moretti is suspected of having taken advantage of his position to settle accounts with three PNF magistrates by ordering an administrative investigation, conducted by the IGJ, against them in September 2020. These magistrates had

scrutinized the

detailed telephone records ("

fadettes

") of Eric Dupond-Moretti, who was still a lawyer, in this investigation around Nicolas Sarkozy.

The Keeper of the Seals only "

followed the recommendations

" of his administration, he defends himself.

The defense considers that the testimony of François Molins is essential "

for the manifestation of the truth

" because he "

issued an opinion on the initiation of the administrative investigation which today constitutes one of the essential elements

" of the prosecution against Éric Dupond-Moretti, developed Me Spinosi.

The CJR, the only court empowered to prosecute and try members of the government for crimes and offenses committed in the performance of their duties, had also refused to quash his indictment.

On this decision, the Court of Cassation refused to examine another appeal from the Keeper of the Seals.

Source: lefigaro

All news articles on 2021-12-19

You may like

Trends 24h

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.