Friday, December 16, 2016

Arbitrage Tapie: the public prosecutor request the release of Christine Lagarde – The Point

Rarely indictment would have much more resembled an argument: the public prosecutor requested on Thursday the release of the boss of the international monetary Fund (IMF), Christine Lagarde, believing that his “political choice unhappy” in the arbitration Tapie was not a “criminal negligence”.

It is necessary to wait an hour and a half to the general prosecutor Jean-Claude Marin says the formula consecrated, and asks the Court of justice of the Republic (CJR) of the “return,” the former minister of the Economy, “the purpose of the prosecution.” In the clear, the clear.

But from the beginning of his indictment, the judge of the Court of cassation said that “the charges are specific to base a criminal conviction are not met”. “The hearings have not confirmed a charge well low, even mesmerising”, attack the representative of the public ministry.

The prosecutor was hostile to the very principle of a trial by the RGC, but the magistrates were gone also.

“It is the frail boundary between the political and the judicial that you will have to determine”, lance-t-il to three professional judges and twelve parliamentarians who make up this special court. The RGC considers the crimes and the offences alleged against members of a government in the exercise of their functions.

“making a bad decision is not (…) in itself only a crime”, said Mr. Seaman.

Assisi, the ex-minister of Nicolas Sarkozy leaves show any expression. In most cases, the perspective of the indictment shook the defendants, for her it is the best day since the beginning of the hearings on Monday.

“You’ll have to avoid the pitfall of anachronism judicial”, that is to say, to judge the past in light of the present, declare the attorney general to the judges.

- Decision expected Monday -

In 2007, Christine Lagarde decides to go to arbitration rather than pursue before the court in an endless guerrilla warfare between Bernard Tapie and the former state-owned bank Credit Lyonnais. In 2008, it waives the right later to attack the award, which assigns more than 400 million euros to the man of business, of which 45 million to repair the “moral damage”, never seen that before.

The case immediately aroused the emotion. But you have to wait for years for the fraudulent nature of the arbitration is established.

The procedure is cancelled for fraud 2015 civil. And criminal, justice has not quite finished investigating six men, including Bernard Tapie and the former director of the cabinet of Christine Lagarde at Bercy, Stéphane Richard, indicted for “fraud” and “misappropriation of public funds”.

unlike the public prosecutor, the investigating magistrates of the Court were of the view that Christine Lagarde was to meet in front of the judges for its “precipitation” and “negligence”. Investigators accused him of being too rested on its employees and of having ignored the warnings of some of the services of Bercy.

“It is difficult for the judge to say what advice a minister should take, and what notice they must follow,” replied the advocate-general Philippe Left, the other representative of the public ministry. “The minister is not there to hear him-even the folders but to make a decision”, “to each his work”.

Mr. Marin accompanies this indictment, which is not one of a few caveats to this court hybrid that is the RGC. He warns, first, that it is a risk “growth-sensitive” queries if it establishes the offence of “negligence” of a former minister.

The attorney general also reminds us that CJR is “often criticized”, as deemed to be a “political jurisdiction”. And they have been alerted by socialist deputies, not by the victims of the civil society, on the case of the minister of the right.

the more Reason, according to him, to stand in judgment of an appraisal of the criminal, far from any approach to politician.

The tort of “negligence” that allowed the embezzlement of funds by a person agent of the public authority” is liable to up to one year of prison and 15.000 euros fine.

The defense argued Friday. The decision of the RGC is expected to fall on Monday.

16/12/2016 06:02:16 – Paris (AFP) – © 2016 AFP


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