We're Here! During the late approach and holidays are fast approaching ... The first flakes of snow making their appearance and the cold is now well and truly installed, we're all looking for a little change of scenery ... Disoriented, that is what precisely happened to the case Bettencourt, rose from Nanterre to Bordeaux! But this reference is far from an invitation to travel as we could hear ...
A brief background: Following the request of the Attorney General Versailles late October, which considered that all procedures should leave the court in Nanterre, which now lacked "the serenity essential to the functioning of justice," Court of Cassation ruled : Case Bettencourt is relocated to Bordeaux because of the rivalry between the judges of Nanterre, and will be dealt with by other judges.
"The suspicions about the judge especially virulent hatred that opposes the Nanterre prosecutor Philippe Courroye has caused this huge move defended by the Attorney General of Versailles, Philip Ingall-Montagnier on behalf of the proper administration of justice. "Those are the facts, over and over so long in the national press. But what about the country's law? On what grounds can a litigant pursuing a claim of scenery? For what purposes this mechanism have been created? This solution is not without problems, including Laurence Neuer, Doctor of Law, made the brilliant statement in an article "change of scenery or the pilgrimage of justice above all suspicion" , published on the website the think tank Lawyers Club. Designed by
Articles 662 to 667-1 of the Code of Criminal Procedure and framed by a series of relatively strict formalities, the "removal" of a case constitutes the very foundation of the serenity of justice.
"But by multiplying the case of expatriation, the law opens Does not the door to abuses? "How to define the interests of good administration of justice? What about the principle of contradiction? What sort is it appropriate to reserve for potential developments are revealing to the magistrate in charge of the new record?
Excellent ticket L. Neuer enlighten you doubtless as it attempts to answer the many questions posed by this "disorientation", even if the material is still in full swing, whose remains partially unexplored territory ... Raiders of the right, you know what you have to do!
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