The text, which was the subject of an agreement between Parliament and Senators met in joint committee, was voted the Luxembourg Palace by 235 votes for and 94 votes against. It was adopted on Tuesday at the Palais Bourbon.
Le Monde with AFP
Hearings shot, framing the duration of preliminary investigations, encouraging the electronic bracelet, generalization in 2023 departmental criminal courts, creation of a national center for serial crimes … Parliament finally adopted, Thursday, November 18, by a final Senate vote, the bill to restore confidence in the justice of the keeper, Eric Dupond-Moretti.
The text, which was the subject of an agreement between Parliament and Senators met in joint committee (CMP), was voted the Luxembourg Palace by 235 votes for and 94 votes against. It was passed Tuesday by the National Assembly. This is the culmination of a “long and winding road that, in recent weeks, was closer to the Corsican rally that a long walk in the park,” he told the co-rapporteur LR Agnes canai.
Complete with an organic component, the text also provides for removal reduction credits automatic penalties, reform of prison labor and replaces the calls to order by a “criminal probation warning”. A provision introduced by amendment of the Government in the Senate also opens the door to a review of the case and Thiennot Apart, criminal case containing a possible miscarriage of justice and dates back to 1947.
The question the solicitor-client privilege
But these are the measures of the lawyers to professional secrecy that created the most stir. The profession has also expressed its opposition Wednesday before the Senate. The compromise text reached by deputies and senators dedicated professional secrecy of the lawyer in the defense business, but plans to frame it in its consulting business. In addition to terrorism are thus provided for exceptions in tax fraud and corruption. These provisions have raised the ire of lawyers.
And a final attempt the keeper, himself a former lawyer, to iron out misunderstandings, ended with the request of the National Council of Bars (CNB) to simply delete the controversial article.
In a later amendment to the agreement in CMP, the government chose to marginally alter part of the device without returning to its overall balance. It confirms the presence of the President of the Bar in searches and removes the exception for that in which the lawyer was “the object of operations or shares in order to allow, unintentionally, the commission, the prosecution or the concealment of a offense. “
“No one can say that we wanted to kill the solicitor-client privilege, that we would be the gravediggers, (…) it is the opposite,” said Mr. Dupond-Moretti.
The professional secrecy “generalized” the lawyer is “a myth” according to Philippe Bonnecarrère centrist co-rapporteur of the bill in the Senate, to which the text is “favorable to the lawyers.” It allows “broadening” of professional secrecy in the consulting business, “the business world”, “even if it was considered that the company can not disarm on matters affecting its functioning, corruption, tax evasion “. The text also provides for the legal profession “important guarantees during searches, she did not,” he says.
Critics of the left
The left rejected this text which, according to Eliane Assassi, president of the group ECRC (Republican Communist Group citizen and environmentalist), “still belongs in his deep philosophy in the ancient world.” It “may aggravate the drift towards justice essentially responding to a request for more firmness,” ruled the environmentalist Guy Benarroche, while the Socialist Jean-Yves Leconte lamented that he “does not address any of the matter of civil Affairs, “” justice of the daily “.
Marie-Pierre La Gontrie (SP) launched a targeted attack against the Minister of Justice, castigating “an Eric Dupond-Moretti text for Eric Dupond-Moretti,” bringing “change that will interest Eric Dupond -Moretti justiciable “. The minister is under investigation for illegal taking of interest.