He has been awaiting trial for six years and has been in jail for three years. A repetitive robber, suspected in 14 robberies in the south of France, was released a few days ago because of a reasonable period of judgment which was not respected. The Nîmes investigative chamber applied the directives of the Court of Cassation.
“Reasonable time is a fundamental right “, the President of the Bar Guillaune de Palma rebelled two weeks ago during the hearing for the interests of this detainee with a well-stocked criminal record. ” We are in an exceptional situation where this man has been awaiting trial for six years. He has been in pre-trial detention for three years. He is awaiting trial and endures this situation. He didn’t ask for anything », Continues the penalist Vaucluse by evoking the rule enacted by the highest judicial authority in France, the Court of Cassation, which orders a maximum period of two years between an assize trial and that of appeal. Beyond two years of pre-trial detention, the accused must be able to regain his liberty, except in exceptional circumstances.
In our case, it concerns thefts committed according to a similar operating mode, in the Gard, Vaucluse and Bouches-du-Rhône with loot between 10,000 euros and 150,000 euros. He attacked the cash machines with his accomplices.
Criminal cases and robberies that date back to March to December 2011, with a judgment before the Gard Assize Court in 2014. Since the defendant (presumed innocent, Editor’s note) was awaiting his appeal trial before the court of Assises de Vaucluse, a hearing scheduled for October 2021. With the decision of the investigating chamber, he will await his trial under judicial supervision.
The Advocate General, Hervé Poinot, had however insisted that the defendant remain in detention despite this too long period of pre-trial detention: ” He did not appear before his judges when he was due to appear before the Assize Court of Appeal. We had to issue an arrest warrant in order to find him and then arrest him. If he was not judged it was because of him », Declared the representative of the general prosecutor’s office of Nîmes.
Boris de la Cruz
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