No prison sentence for the former Dijon magistrate who had offered Internet users sex with his 13-year-old daughter.
The defendant saw his sentence lightened by the Besançon Court of Appeal, reduced to two years in prison, suspended, we learned on Monday from the registry.
Vice-president of the Dijon judicial court at the time of the facts, since struck off the bench, this father of three children had offered sexual relations with his 13-year-old daughter between October 2019 and June 2020, on libertine sites, without however going through in action.
At first instance, the Besançon criminal court had sentenced the 57-year-old man to two years in prison, one of which was firm, for "instigation to the corruption of a minor not followed through" and for "instigation to commit rape and sexual assault on a minor without any follow-up”.
He had appealed.
In its judgment delivered on Thursday, the Court of Appeal found him guilty on this first count, but acquitted him for the facts of "instigation to commit rape and sexual assault on a minor not followed by effect" in due to a problem of criminal qualification.
She reduced her sentence to two years in prison, fully matched with probationary suspension with the obligation of care.
He evoked "fantasies"
The case started in October 2019 when the user of a libertine site reported that a man was offering to associate his daughter, then 12 years old, with sexual intercourse with his wife.
He had also sent photos of his daughter in a swimsuit to a libertine site.
Without a criminal record or addiction problem, the magistrate admitted to having written these messages but evoked “fantasies (…) never materialized”.
His proposal had not been followed by action and his wife, also a magistrate, had been exonerated at the end of his police custody.
According to the defense, he would have suffered a "trauma" after having been general counsel during the assize trial of Pierre Bodein in 2007, shortly after the birth of his daughter.
Bodein, a repeat offender nicknamed "Pierrot le fou", was sentenced to life imprisonment for three savage murders and two rapes committed in 2004.
The respondent had been dismissed by the disciplinary council of the Superior Council of the Judiciary (CSM) in July 2021, the heaviest disciplinary sanction that can be pronounced against a magistrate.
His appeal was rejected by the Council of State in April.