MAINTENANCE. The indictment of the former Health Minister is based on an absurd legal construction, says lawyer Mario Stasi.
The issue of the responsibility of political leaders in the management of the pandemic opens with the indictment of Agnès Buzyn for “endangering the lives of others”. by the Court of Justice of the Republic (CJR). Several complaints are arriving by the thousands at the court counter against members of the government for crimes and misdemeanors committed in the exercise of their duties.
Among the many faults committed by the company’s directors, we note those of the former Minister of Health, which seem to go beyond the scope of criminal law.
What is at stake in this indictment? What are its foundations? Is the CJR “legitimate” to investigate this type of case? Answers from Mario Stasi, lawyer at Obadia Stasi and President of the Licra :
Le Point:Agnès Buzyn is under investigation for “endangering the life of others”, an offence punishable by one year’s imprisonment and a 15,000 euro fine. What exactly is he accused of?
Mario Stasi: The act of “directly exposing another person to an immediate risk of death or injury likely to result in permanent mutilation or infirmity” must be the result of a “manifestly deliberate breach of a particular obligation of safety or prudence imposed by law or regulation”, according to article 223-1 of the French Penal Code. This duty of care or safety is the cornerstone of the offence.
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