We will know on Wednesday morning whether the trial of former Minister Jerome Cahuzac budget will take place. By then, hearing suspended and / or terminated, announced Monday late afternoon the Correctional Court of Paris, mixing the two words in the same sentence. It is still and always a matter of QPC (priority question of constitutionality) background (s) of the principle ne bis in idem (one can continue twice the same facts) that threatens to blow the most political and financial records (see Libération February 6 and 7).
the husband Cahuzac, divorced in November, have been restated tax with penalties for bad faith representing 40% to 80% of the amounts evaded in taxes via their offshore roughly respective accounts. First sentence, coupled with a second at the criminal level, potential at this stage: five years in prison (possibly seven aggravating circumstances). The threat is not to be taken lightly: last year, the heiress of the empire Nina Ricci, stashed in Switzerland, took three years firm
At the opening of the trial. , counsel for Jérôme Cahuzac have done tons. “In the tax he has already sentenced to the penalty; qualified pariah by the press, it undergoes more social worth. Why persist? “ pretends to question M th Jean Veil. His counterpart, M th Jean-Alain Michel, detailing for what could sometimes doubt that his client “wishes to be considered as soon as possible.”
“Horrified”. the pataquès of ne bis in idem goes back to a decision of the constitutional Council dated March 2015. It was then question of insider trading, doubling triable by the AMF, the stock market watchdog, and the referee criminal inelegances (criminal court). Seeming to back down after you open Pandora’s box, the “wise men” have revisited their own jurisprudence in January – still about bad stock behavior. They admit the double jeopardy: only “The criminal court may impose a sentence of imprisonment, the administrative authority can only impose a financial penalty ‘ The document.. But in case of “financial imbalance” heavy cold hard sanctions and cents sometimes inflicted by the AMF or the Competition Authority would have more weight than a prison sentence pronounced by criminal justice.
What about in tax matters? On Monday, the prosecution argued that enforcement would be “substantially more severe” than a financial penalty imposed on “administratively” . Of course, besides the prison, the tax evader risk only a fine of one million euros to the criminal law, but there is also the disenfranchisement. “We also waved us the suspension of the driving license,” will prevail Jean Veil, who says “horrified” by this race with shallots of the penalty.
more prosaically, the prosecution claims to have reacted faster than Bercy: opening of a judicial investigation in May 2013, when the tax department will wait another six months before initiating reorganization proceedings “If the constitutional Council considers it impossible accumulated tax and criminal proceedings, the first is much later.” to follow the reasoning, the tax authorities should return the money Cahuzac husband’s recovery, then wait years before the criminal justice finally grant him damages as a civil party to the criminal proceedings.
“Problems.” Storm in the skulls of judges. The same court had passed an identical room QPC the previous month, in Wildenstein case. The prosecution opposed on the grounds of the recent opinion of the Constitutional Council, which would change the situation. M th Emmanuel Piwnica, originally of this opinion, does not believe it: “We remain on the same issue. The dual administrative and criminal repression has already been tried by the ECHR “ And not much
In Libé.fr ..” The “reapers chairs” invite themselves at trial “.
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