The Court of Cassation canceled, Wednesday, October 26, a decision of the Paris Court of Appeal on Wednesday, October 26, which refused the development of the prison sentence to the perpetuity of one of the assassins of the prefect Erignac.
This is a first victory for Pierre Alessandri and his lawyers. The Court of Cassation canceled on Wednesday October 26, the judgment of the Paris Court of Appeal dated October 7, 2021, which had rejected a decision of the Court of Application of the Sentences rendered on July 27, 2021, which granted to Pierre Alessandri, – one of the assassins of the prefect Claude Erignac, in 1998 – the right to a development of his sentence. This provided for a probationary semi-liberty measure from August 20, 2021 and parole on May 20, 2023.
Pierre Alessandri, 63, was sentenced to life imprisonment on July 11, 2003 by the Paris Assize Court. He has been imprisoned since May 25, 1999, the date of his arrest in Cargèse (Corse-du-Sud). His security period was running until May 25, 2017. Since that day, Pierre Alessandri has been entitled to request a sentence development, which consists, at first, in a probationary period of several months during which the condemned benefit from the Right to go out the day during the week to go to work. He leaves prison every morning and returns there in the evening, as well as on weekends, awaiting a parole which is worth for ten years.
Pierre Alessandri has three times formulated penalties development requests. These have always received the approval of the court, but each time, the Paris Court of Appeal has informed these decisions.
“is a big victory”
In his motivations, the Court of Cassation recalls that “parole tends to reintegrate condemned and prevention of recurrence”. She notes that “to reject the request for parole presented by Mr. Alessandri”, the Paris Court of Appeal is based on its decision with regard to the risk incurred in matters of public order. Indeed, according to the Paris Court of Appeal, “the liberation of Mr. Alessandri is always likely to cause a serious disorder”.
An argument that the Court of Cassation rules out, stressing that these general reasons cannot be retained as it is. The Court of Cassation criticizes the Paris Court of Appeal for not “characterizing in a concrete way that [the release of Pierre Alessandri] would be likely to cause a serious public disorder”. She believes that the Court of Appeal “did not justify her decision”. By these reasons, the Court of Cassation “breaks and cancels, in all its provisions, the above -mentioned judgment” and returns the parties before the same chamber of application of the penalties, but composed of new magistrates.
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