The Minister of Justice, Eric Dupont-Moretti, was found guilty by theCourt of Justice of the Republic of illegal taking of interest...without the intention having been proven! After months ofprocrastination against this unfair justice, good law has finallyprevailed. Bourgeois justice has exonerated one of its lackeys whilemore and more severity is demanded, in the name of setting an example,for the young, and the less young, of the working classes. ---- OnNovember 29, 2023, Eric Dupont-Moretti, Minister of Justice, wasacquitted by the Court of Justice of the Republic (CJR), when he wasaccused of having used his position as minister to "settle scores" withmagistrates with whom he had disagreements dating back to when he was alawyer.The CJR's decision is motivated by the fact that if the material elementof the offense of illegal taking of interest is present, the intentionalelement would not be demonstrated. Hear: he did it, but we have no proofthat he intended to do it.Such reasoning is entirely possible legally. And moreover, the criminaljudge should, each time he sentences a person, ensure that he has proofnot only that he committed the offense, but also that he had theintention to do so.In fact, when the accused person is not a minister, we rather seeopposite situations, of convictions without proof of the material element.Tailor-made justiceThe CJR, an exceptional jurisdiction to judge offenses committed byministers in office, made up of 15 judges including 12 parliamentarians,before which victims cannot intervene, and which has records of impunity(in 20 years of existence, more than 20,000 complaints registered, 9judgments, 5 convictions, all suspended), is undoubtedly the moststriking symbol of this bourgeois justice, at two levels, which servesthe interests of the dominant.The law is a balance of powerBecause, it must be remembered, "Justice", in France, essentiallycondemns people from the working classes, racialized, fromneighborhoods, disabled... The racist and classist biases of the judges,mainly white and from the bourgeoisie , undoubtedly have a lot to dowith it, but the problem is much more deeply rooted in the institutions.The sociology of domination demonstrates that contrary to what is saidto us, the law is not the expression of the general will, but resultsfrom the balance of power between social classes to conquer the power tostate the law. It therefore reflects the interests and values of thegroup which has gained this power, and which uses it to criminalizebehavior which threatens its dominant position[1].Thus, the ruling bourgeoisie creates legislation and a penal systemwhich targets offenses such as theft or drugs much more than thebehavior of big bosses destroying the environment or endangering thesafety of their employees, for example.Thus, the ruling bourgeoisie creates legislation and a penal systemwhich targets offenses such as theft or drugs much more than thebehavior of big bosses destroying the environment or endangering thesafety of their employees, for example.At the same time, the penal system projects an image of danger that thepoor represent, and has the function of hiding the real social dangersthat are the crimes of the powerful.Contrary to the dominant discourse on the fight against delinquency,this penal system is perfectly efficient and fulfills the realobjectives for which it was designed, and is, therefore, not reformable. From a libertarian perspective, it seems essential to seek itsabolition, and to be interested in non-punitive justice alternatives.Julie (UCL Fougères)To validate[1]See Pierre Bourdieu, "The force of law. Elements for a sociology ofthe legal field", Proceedings of research in social sciences, n° 64,September 1986 and Austin Turk, Criminality and Legal Order, RandMcNally, 1969.https://www.unioncommunistelibertaire.org/?Dupont-Moretti-Une-justice-d-exception-exceptionnellement-clemente_________________________________________A - I N F O S N E W S S E R V I C EBy, For, and About AnarchistsSend news reports to A-infos-en mailing listA-infos-en@ainfos.ca
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