The cancellation of the indictment has the effect of automatically attributing to the former Minister of Health the status of “assisted witness”. It therefore remains implicated but it is no longer directly criticized for an offense.
by Abel Mestre
In a decision rendered on January 20, the Court of Cassation cancels the indictment of Agnes Buzyn by the investigation committee of the Court of Justice of the Republic (CJR), for “endangering others “Following the health crisis linked to the COVID-19. The highest jurisdiction also cancels the hearings of the members of the government led by one or two members of the investigation committee and not by its three members.
The Court of Cassation considered that “the offense of endangering others can only be criticized for a person if a law or a regulation imposes a particular obligation of prudence or security. This obligation must be objective , immediately perceptible and clearly applicable. However, none of the texts to which the investigation committee has referred to indicting the former Minister of Health provides for any particular obligation of prudence or security “.
This cancellation of the indictment has the effect of automatically allocating to Agnès Buzyn the status of “assisted witness”. It therefore remains implicated but it is no longer directly criticized for an offense. The court specifies: “As it stands, the former minister cannot be returned to the CJR to be judged there”.