The searches, which took place Tuesday morning at the home of Jean-Luc Mélenchon and the seat of The France insubordinate have caused multiple political reactions and media. These actions were carried out in the framework of the surveys on jobs fictitious alleged to the european Parliament and on the campaign accounts.
Very quickly, the leader of France insubordinate has denounced a “massive operation of political police force” to ” intimidate and scare “.
The Prime minister Edward Philip hide behind the independence of the judiciary. But the sequence still leaves several questions unanswered. Can we really speak of the operation of the “political police” as stated by the leader of France insubordinate ? The police could touch Jean-Luc Mélenchon ? The latter had the right to film the search ?
The police were they to touch Jean-Luc Mélenchon ?
During the search at his home, Jean-Luc Mélenchon has arrested a police officer who rejects to be able to go : “touch Me not, sir, you do not have the right to touch me […] no one touches me. My person is sacred, I’m parliamentary. “
What is it really ? Article 26 of the Constitution guarantees parliamentary immunity, stating that no member of Parliament may not be prosecuted, arrested, detained or judged for opinions or votes emitted by him in the exercise of its functions. No member of Parliament may not be subject to criminal or correctional, detention or any other deprivation or restriction of liberty only with the authorization of the Bureau of the assembly of which it is part. This permission is not required in the event of a crime or offence of a flagrant or final judgment “.
The parliamentarians can rely on two types of immunity, precise Release. The inviolability which comes into consideration here prohibits any coercive measures or deprivation of liberty. If this means that it can not be placed in police custody, however, it can be touched by a police officer. “The rules that apply to parliamentarians are the same as for you or me. Parliamentarians do not have any special privilege, as long as there is no deprivation of liberty “, explains the lawyer constitutionalist Bastien François.
Jean-Luc Mélenchon had the right to film the search ?
This is the second question that arises after this episode the media-judicial. RTL, which focused on the subject, ensures that there is no text prohibiting filming and posting to social networks is a search. However, this did not put an end to the debate. In fact, according to article 11 of the Code of criminal procedure :” The revelation of information that is secret by a person who is an agent, either by state or by profession, or by reason of a function or of a temporary mission is punished by one year’s imprisonment and 15 000 euros fine. “
A text of law which does not, however, a conviction for Jean-Luc Mélenchon. “It is in him, not even indicted , as a person he is not subject to secrecy of the investigation nor that of the instruction , which apply only to the pros that contribute to the process “, explains Jean-Yves Moyart. On the other hand, Jean-Luc Mélenchon could be sued in the name of the right to the image. If the police are filmed from far away on the majority of the images, one of them can be recognized at 2 minutes and 38 seconds. It remains that the hypothesis of a complaint by the police officer remains unlikely, according to the lawyer.
Can we talk about operation of the “political police” ?
This is the line of defense classic for men and women policies. Thus, Marine Le Pen does not hesitate to speak of “persecution” to refer to the raids and indictments. Faced with these suspicions of exploitation, the Union of the magistrates asked for a ” constitutional reform “. Interviewed by Franceinfo, the general secretary of the trade Union of the judiciary Laurence Blisson explains that he must “make a genuine constitutional reform that would cut the link between the ministry of Justice and the prosecutors’ offices, and in providing modes of appointment of prosecutors, which would be absolutely independent by the higher Council of the judiciary, putting an end to the mechanism of feedback… “
Read also Search in Mélenchon : “political police” or “independence of justice” ?
For all that, according to it, the political class is not out of the democratic game, that it ” is aware of the fact that it is not outside of reality and that it can be subject to surveys in which it will be able to enforce rights and in which no defence is possible “.
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