Principles of Pretrial Detention

The president of the National Conference of Prosecutors, Raphaël Balland, spoke on France Inter this Friday morning about the principles of pretrial detention. He emphasized that pretrial detention applies to everyone, including police officers, as the case of the officer suspected of violence against Hedi in Marseille demonstrates.

According to Balland, the French judicial system is based on the possibility of placing someone in pretrial detention, but this decision should be exceptional and apply to everyone. He explained that all magistrates who make these decisions must provide a written justification, following the seven criteria outlined in the Penal Code. While the criteria of flight risk or risk of reoffending are rarely applied to police officers, the criterion of fraudulent collusion with others involved in the incident can be relevant in this case. This was one of the reasons cited by the court of appeal in Aix-en-Provence to justify the officer's continued detention.

Judicial Treatment of Police Officers

Raphaël Balland also expressed his opinion on the protests by police unions regarding the judicial treatment of officers in the performance of their duties. He stated that police officers have a specific legal status, as they are the only ones authorized to use force. When studying a case, magistrates assume that the use of force by a police officer is justified within the scope of their duties.

Balland acknowledged that the protests by some police officers can be supported under certain conditions, such as when they show solidarity with colleagues facing increasingly disrespectful and violent behavior. However, he also criticized any movement that suggests support for officers who have not respected the fundamental principles of proportionality in the use of force.

The Case and the Importance of an Unbiased Investigation

The case in question involves a police officer accused of causing serious injuries to a 22-year-old man in Marseille during riots. The decision to keep the officer in pretrial detention is rare in cases involving law enforcement officers, as their work is often challenging and they face life-threatening situations.

However, there is no evidence to suggest that the behavior of the victim, Hedi, posed a threat. Video evidence supports the testimonies of Hedi and his friend, contradicting the accounts given by the police officers involved.

It is important to note that the police hierarchy and politicians responsible for maintaining law and order should not interfere with the ongoing investigation conducted by the magistrates. The magistrates must be able to establish the facts without any hindrance or pressure in order to ensure justice is served.

Words of the day

justification : justification

proportionality : proportionnalité