The case reveals some dubious practices of Macronie
The Benalla case could do some damage: it reveals some of the dubious practices of Macronie ...
The press reports us what would have stated, in custody, the one that many now call "the gorilla Manu". The first thing that strikes is the amazing pellet he shows. The second is that it is clear that it has been duly chaptered and that the strategy of Macronie will be confusing hoping to continue to enjoy the complacency of which it has benefited from part of the high court system . This is why it is useful if not essential to revisit a number of essential aspects of the game that is being played today. All the more essential as they will constitute the stakes of the judicial debate. Now, with an executive now stuck to the ground and a legislature transformed into a circus, justice and the only one of the three powers that we can hope that he will be able to remain almost standing.
Station to the "Gorilla"
The day of the outbreak of the scandal, after seeing the video factswe had established the nature of the offenses who were to be accused of Alexander Benalla and the inadmissibility of the protection he had enjoyed after his exactions. The soap opera now unfolds brings us an hourly revelation of the status and delusional, and obviously undue, benefits enjoyed by the "gorilla". Each of these facts must be the subject of a legal analysis that makes it possible to characterize the criminally reprehensible aspect, and to identify the perpetrators.
To the extent that the events we are going to study have been the subject of decisions made by officials in the framework of hierarchical structures, let us recall the principles of responsibility that govern this subject.
First, in application of Article 28 of the law on the status of the civil service, the official is bound to a duty of obedience. Assuming a duty of disobedience if the order given to him is clearly illegal. Article 122-4 of the Penal Code Exonerates a public servant who commits an offense committed on the order provided that he has not been known to be unlawful. Apparently granted at the request of Emmanuel Macron, the benefits enjoyed by Mr. Benalla have been the subject of each administrative decision. All the officials involved are therefore responsible and it is essential that they respond.
Come home, I live with a friend
First example, the exorbitant remuneration (about 10,000 euros per month) perceived by the henchman, according to The Parisian. With regard to public funds, it is clear that there can be no arbitrariness in setting the remuneration of employees of the Elysee. From what we understand today, the amount was directly related, not to the utility of the mission, but to the favor of the prince. This can not serve as a support for a regular decision. The figures circulating in the press are indeed completely excessive, and may incur the wrath of the application of Article 432-15 Penal Code on misappropriation of public funds. The President of the Republic and his collaborators, and in particular his chief of staff, are responsible for the handling of public funds of which they are depositories. Expenditure commitments must be in the public interest and not favored and dispensed by the Head of State. Emmanuel Macron will be protected by his presidential immunity. This is not the case of his chief of staff who had to sign the "employment contract" and to seize the public accountant of the commitment of expenses corresponding to the remuneration. It is essential that he responds in the context of a judicial procedure. This is nothing fancy, we learn by a telescoping calendar, that Maryse Joyssains, Mayor of Aix-en-Provence, has just been sentenced for having unduly promoted his driver and provided his relatives with jobs of convenience!
Second example, the function housing. Granted, remember, on July 8, even as the communicators of the Elysee, entangled in their lies, we say that the "gorilla Manu" was punished. In the public service, concerning staff housing, in application of the decree of May 9, 2012, there are two regimes of housing concession ". On the one hand, that by absolute necessity of service Which imposes total availability on the employee, and does not give rise to the perception of a counterparty, that is to say a rent. On the other hand, a concession with payment of rent, for officials who without being subject to the absolute necessity are required to perform a duty service. It is clear that Mr Benalla, whose status is completely vague, does not fall into any of the categories. And that we are not talking about security, it is ensured under the Republican law by the Presidency Security Group (GSPR)composed of trained civil servants. Who made the decision to allocate this accommodation? Which modality was chosen? What is the justification for this benefit in kind? Is Mr. Benalla subject to the payment of rent pursuant to the provisions of the decree of May 9, 2012? If this attribution, which is very likely, is contrary to the regulations, Article 432-15 of the Penal Code will still apply. Same reason, same punishment for the one who signed on order the lease contract.
To arms, etcaetera
Now let's talk about the pseudo-sanction imposed on the fake policeman after his exploits on the Place de la Contrescarpe. It is already apparent that the so-called layoff and demotion without pay have never been implemented. What about compensation? The rumor runs that it would still be paid, contrary to what has been said. Why, then ? At whose request? Still 432-15? It becomes a habit. It would be good to explain it to an examining magistrate.
There is also the attribution to the "gorilla" of a license to carry weapons. Permission improbable, but obviously on order of the castle after a first refusal of the prefecture of police. Simply because the legal conditions were probably not met. Never mind, the prince gives in to his man who has long dreamed of being "hungry". As the reading of the "Macronleaks" shows, he had asked for it during the presidential campaign.
The legal value of this new authorization deserves to be closely watched. His great friend Vincent Crase, the employee of the party LREM, has meanwhile passed the legal authorization as parade, instead of the Contrescarpe, with a gun clearly visible on photos and videos. Under the eyes of real and fake police mixed that it does not seem to interfere. Port of prohibited weapon, and of first category, excuse of the little. Here too, it would be interesting to know why and how civilians as dubious as our duettists can walk so armed to the teeth. This is the investigation of an investigating judge.
And it goes on and on ...
We then have heresy to assign an entry pass giving access to all the premises of the National Assembly and in particular to the hemicycle (!) to our henchman who could not of course be entitled ... It would be interesting that François de Rugy, the President of the National Assembly, come to explain this serious breach, which would be likely to illuminate the device that Emmanuel Macron began to set up to privatize for his benefit the security services of the Elysee.
We will also talk about the dazzling rise in rank Alexandre Benalla (he was a reservist) in the gendarmerie. Several police officers have already been detained and indicted. Three of them, with consistent grades, found quite normal to betray their professional secrecy and to make strictly confidential information available to a person subject to justice. Congratulations again!
The list should normally lengthen. So at this stage, to all those who, out of greed, mischief or cowardice, have lent their hand to the excesses desired by the Head of State, we will recall the existence of another article of the Code which concerns them all. That of the Penal Code which represses all those who have taken measures to defeat the execution of the law. All the facts, all the maneuvers, all the orders just described are covered by them.
But what does justice do?
For some time, justice has been dishonored by the actions of the exceptional jurisdiction of the Financial Center flanked by the National Financial Office (PNF). Political tool bent on distorting the presidential election, first against Nicolas Sarkozy and then against Francois Fillon. More recently directed tool against the National Gathering. It seems symmetrically to have served as a damper when very embarrassing things could be blamed on friends of the Socialist Party or Macronie. What happened to Kader Arif, Bruno Leroux, Faouzi Lamdaoui? Where are Ferrand, Collomb, Las Vegas, the gross financial irregularities of the election campaign the candidate Macron?
By going to the bottom of things, the Paris prosecutor's office and the investigating judges of the same court have the opportunity to begin to rebuild credibility and legitimacy heavily undermined by public opinion. It would be really appropriate to seize it. Not sure that history goes over the dishes.
As for the President of the Republic, he could appear as the original author, and therefore the responsible, of all that the scandal has just brought to light. Knowing that it's probably not over. Protected from his immunity, he may finally have some experience that politics is first and foremost a balance of power. His inconsistency singularly isolated him and he could experience the ingratitude of men, and their ability to quickly search for bridges to leave the ship.
Regis de CastelnauAvocat.Régis
de Castelnau animates the blog Vu du Droit since 2012. By devoting his
professional life first in the social law and then in the public law of which he
was one of the first active practitioners in the profession
avocado. He added a university activity, doctrinal ...