The magistrate is often austere. Sometimes he’s joking. Wednesday, October 30, the judges of the 13thmy The Paris courtroom acquitted two people dismissed for “illegal appropriation of interests” in a social housing allocation case, based on the acquittal obtained by Eric Dupond-Moretti before the Court of Justice of the Republic (CJR).
“The illegal appropriation of interests is materially perfectly characterizedthe judges write in their decision, consulted by the world Thursday, October 31. However, [l’avocat d’une des deux prévenus] alleged lack of intentional element (…)considering that he was not “sufficiently aware” of this illegal taking of interest, thus making explicit reference to the Court’s ruling [CJR] which acquitted Mr. Dupond-Moretti. » In November 2023, this special jurisdiction, competent to judge ministers, estimated that the former Minister of Justice had placed himself well “in an objective situation of conflicts of interest” – opening administrative investigations against magistrates with whom he had had conflicts when I was still a lawyer, but I was not aware of it. lack of“intentional element”had been released.
“Noting that the defendant has not completed higher studies in law nor has she held jobs that lead to the development or confirmation of legal skills, such as the profession of criminal lawyer or the position of minister of justice. (…) – but it is a category C official who has recently arrived at this service, the court considers that the intentional element (…) [n’est plus] characterized » In light of this new jurisprudence, the judges of the 13th believemy bedroom.
Three candidate profiles
Manelle S. and her colleague Lucas G. were members of a department of the prefecture of Ile-de-France in charge of processing applications for social housing submitted by state agents. On September 16, 2022, Manelle S., who had arrived at this apartment for less than ten days, modified the priority index of her own social housing application, unjustifiably adding ten points for disability. Although he had indeed benefited from the recognition of disabled worker status (RQTH) since April 2022, this RQTH had established a disability rate that was too low to grant him priority points, which “arises unequivocally from the guidance of the housing representative (…) and a message from your housing representative [du] September 29 »affirms the sentence. Furthermore, he had no right to modify his prioritization index himself.
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