He is the prime minister in office to be referred to this jurisdiction. His lawyers have announced to be filled in cassation.
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An in -office minister referred to the Court of Justice of the Republic (CJR) is completely unprecedented. Eric Dupond-Moretti, Minister of Justice, was noted on Monday October 3 by the magistrates of the investigation committee his referral to this criminal court to be tried for “illegal taking of interest”. This offense is liable to five years’ imprisonment and a fine of 500,000 euros. This dismissal decision, which ends the investigation opened in January 2021, is anything but a surprise. But it risks making the situation of the Keeper of the Seals increasingly uncomfortable.
Given the appeal in cassation that this litigant not like the others to make against the judgment of referral, the trial before this jurisdiction intended to judge the ministers or ex-ministers for crimes or crimes committed in the exercise of Their functions should not be held before the end of 2023. Eric Dupond-Moretti has always suggested that he would not resign, repeating to hold his legitimacy of the President of the Republic. Tuesday, September 27, during the presentation of the 2023 budget of the ministry, he affirmed that this procedure which earned him an indictment in July 2021 “never prevented from working”.
The CJR investigation commission, made up of three magistrates from the Court of Cassation, therefore considers in conclusion of its work that the charges united are sufficient to characterize the offense of “illegal takeover of interest”. According to article 432-12 of the penal code, in its drafting prior to the reform of December 2021, it is for a person depositary of the public authority to “take, receive or keep, directly or indirectly, any interest in a company or in an operation of which she has, at the time of the act, in whole or in part, the burden of ensuring monitoring [or] administration “. H2>
He is accused of the Minister of Justice for having, a few weeks after his appointment Place Vendôme, ordered the General Inspectorate of Justice of Administrative Investigations, a step prior to disciplinary procedure, against magistrates with whom he had been in opposition as a lawyer. The association to combat anticor corruption and the two main magistrates unions, the union union of magistrates and the magistrates’ union, had filed a complaint with the CJR in the fall of 2020 against the Minister, whom they accused to have used its prerogatives to settle your accounts.
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