Before the Griveaux affair, the Russian artist Piotr Pavlenski was already wanted by the French police for "violence with a gun under the influence of intoxication". His fate remains pending in this second installment, pending his interrogation scheduled for March 3.
In what context did Piotr Pavlenski arrest the police? Could they, along with Alexandra de Taddeo, be placed in pre-trial detention? What is the nature of the judicial review of the Russian activist? Decryption.
In what context did Pavlenski arrest the police?
When the Griveaux affair broke out, the Russian artist was already targeted by a search warrant issued by the Paris public prosecutor's office, and this since the beginning of January. Pavlenski is indeed involved in a brawl that occurred during a New Year's Eve party hosted by the partner of lawyer Juan Branco. Three victims, two of whom were stabbed, are listed in this file.
The suspect, who regularly sleeps in squats, was apparently missing. Pavlenski was not arrested until late Saturday afternoon in a hotel in the 16th arrondissement of Paris. He was then placed in police custody as part of this investigation, which was described as "aggravated willful violence". On this date, the artist has already publicly claimed the online video of Benjamin Griveaux on the Pornopolitique.com site, justifying his approach in the name of the fight against "hypocrisy".
VIDEO. Piotr Pavlenski: "I opened the site" which caused Benjamin Griveaux to withdraw
In a second step, police custody for violence was lifted and immediately replaced by another, relating, no longer to the violence but to the conditions for the dissemination of the videos. The investigation is described as “invasion of privacy” and “distribution without the consent of the person of a recording on words or images of a sexual nature”.
The total duration of deprivation of liberty in these two procedures does not exceed the legal maximum of 48 hours. Pavlenski and his partner are finally brought to the prosecution and, after a night spent in the Paris court, presented Tuesday to the investigating judge in the sole context of the case of the broadcast of the sexual sequence.
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The sequence of the two police custody procedures could give the defense of Pavlenski, represented by Me Yassine Bouzrou, the opportunity for challenges.
Could Pavlenski and Taddeo be remanded in custody?
No, not in the Griveaux case. The dissemination of sexual images of a person without their consent is punishable by a maximum of two years' imprisonment and a fine of 60,000 euros. However, pre-trial detention can only be ordered in the context of offenses punishable by more than three years in prison. After their interrogation, said at first appearance, Pavlenski and de Taddeo were charged and placed under judicial supervision by the investigating judge.
The magistrate, designated according to the permanence, is also seized of the case of violence, file which involves Piotr Pavlenski alone (his companion is not concerned). Facts punished in the present case by five years of detention. In this part of the case, the public prosecutor's office requested provisional detention. The investigating judge considered that the first appearance examination of the suspect could be postponed. She called Pavlensky at a later date, March 3, to explain his New Years Eve party. Only then will the question of indictment and possible pre-trial detention arise.
What is the nature of Pavlenski's judicial review?
Piotr Pavlenski is free but, like his partner, he is subject to judicial control to ensure that he will not evade prosecution. He is forbidden to leave the territory. He must report regularly to the police station. In addition, he cannot communicate with Alexandra de Taddeo or the complainant, Benjamin Griveaux.