"
A shocking and indecent publication
": the Paris prosecutor's office on Wednesday, September 28 requested a year's suspended prison sentence against a surgeon tried for having posted an X-ray of the arm of a survivor of the Bataclan attack on a sales site NFT digital objects.
The prosecution also asked the court to sentence Professor Emmanuel Masmejean to a fine of 15,000 euros and a ban on exercise for a period of one year.
A renowned orthopedic surgeon officiating at the Georges-Pompidou European Hospital in Paris, he is being prosecuted for breach of medical secrecy, misappropriation of the purpose of processing personal data and voluntary illegal disclosure of harmful personal data.
He is accused of having published on the American site of NFT Opensea - which has 20 million users, according to the court - a photo of the radio of a woman injured at the Bataclan during the attacks of November 13 which he had operated.
"A work of art"
The photo shows a forearm pierced by a Kalashnikov bullet and is accompanied by a comment indicating that "
this young patient
" has "
lost her boyfriend in this attack
", i.e. "
elements of the patient's private life
" which make it identifiable, noted the court.
“
Mr Masmejean is a professor of medicine, it is not the error of a teenager in his room in front of his computer but of a professional trained in medical ethics.
He made criminal mistakes
, ”noted the prosecutor.
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“
It justifies an experimental approach with a work of art, we all agree here that it is not a work of art
”, she continued.
The defendant, who reiterated his apologies in front of the victim, recognized a "
moral fault
" but "
not professional
".
“
I made a mistake, a mistake, a clumsiness, but in my opinion no professional misconduct.
There was no mercantile aspect
”, defended Emmanuel Masmejean, advancing an “
experiment
”, that of “
putting a striking and historical medical snapshot
” of his career on a “
blockchain
”.
"Extreme Violent"
The photo, estimated at 2776 dollars, was not sold.
He found himself on another site, Showtime, created by the son of Emmanuel Masmejean before being withdrawn last January.
"
Putting (the x-ray) on a social network, making it public, that's what's serious
," pleaded the victim's lawyer, Me Elodie Abraham.
“
There is his arm (that of the victim) with a price displayed next to it.
It is extremely violent
”.
Me Abraham asked for compensation of 40,000 euros.
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Me Patrick Klugman estimated that his client Emmanuel Masmejean "
perfectly grasped the seriousness of his fault
".
“
We believe the patient was unrecognizable.
And that if there is an offense, it is absolutely certain that it was not voluntary
, ”he pleaded.
The deliberation will be delivered on November 30.
Emmanuel Masmejean, on sick leave and suspended by the AP-HP, must appear before two disciplinary commissions on Thursday and October 18.
SEE ALSO
- November 13: "We're happy it's over," says a survivor
