the general prosecutor’s office will not appeal to cassation

Rémy Heitz, the attorney general at the Court of Cassation made the announcement on franceinfo on Monday morning. The decision to release the Minister of Justice therefore becomes “final”.

After the acquittal on Wednesday November 29 of the Minister of Justice, Éric Dupond-Moretti, tried by the Court of Justice of the Republic for illegal taking of interests, the Attorney General at the Court of Cassation, Rémy Heitz, announced on franceinfo Monday 4 December that the general public prosecutor’s office will not appeal to cassation, a “extremely cumbersome procedure, with a result which would, in the end, surely be random“, he justifies, also wishing “move towards appeasement“The decision to release the Minister of Justice therefore becomes”definitive“.

“I will not, in my capacity as Attorney General, file an appeal against this acquittal decision”explains Rémy Heitz on franceinfo, “on the one hand, because, whatever the decision of the Court of Cassation, this case would have to be retried, a new Court of Justice of the Republic would have to be convened. This would be an extremely cumbersome procedure, with a result which would be in the end surely random, and I think it would be quite complicated to re-establish such a trial.”

The choice of “appeasement”

On the other hand, “I think we need to move towards appeasement. We need to move on, very clearly. The minister said he wanted to turn the page. These are also the considerations that prevailed as far as I’m concerned”.

“We have a lot to do in the months to come. There are many challenges ahead of us to improve the functioning of justice and it is the interest of the institution that must come first, the interest of Justice. And I think that for everyone, it is important to look to the future now.”specified Rémy Heitz on franceinfo.

If he had chosen, on the contrary, to continue this procedure, he believes that the situation would be “extremely complicated, extremely tense and would be contrary to the interest of the institution“. The case has “created a climate in the relationship between the magistrates and the minister, a difficult, extremely tense climate. We must put an end to it“, specifies the Attorney General while emphasizing that”the irreparable” had not been achieved.

After the judgment, Eric Dupond-Moretti said his “relief” : “I want to turn the page, even if it was something painful, and I want to return to the ordinary course of my work.”

“It’s not a political choice”

Remy Heitz refutes any political motivation behind this decision: “It is not a political choice. It is a decision of a judicial nature, strictly judicial. I accept it completely. I assume this in complete independence, in my conscience, as, moreover, I have fully accepted the fact of requesting the conviction of the minister before the Court of Justice.”

He who had requested the sentencing of Éric Dupond-Moretti to a one-year suspended prison sentence during the trial, does not wish “not comment“the decision to acquit,”even less criticize it“.”We must respect court decisions and this decision came after a very long, very complete debate, after three years of proceedings.“, estimates the Attorney General.

On November 29, the Minister of Justice Eric Dupond-Moretti was declared “not guilty” and acquitted by the Court of Justice of the Republic (CJR) in a case of illegal taking of interests. The judges of the CJR, the majority of whom are parliamentarians, did not follow the requisitions of the prosecution which had requested a one-year suspended prison sentence at the end of this unprecedented trial of a serving Minister of Justice.

Since the judgment, there have been numerous criticisms against this jurisdiction which transforms parliamentarians into judges. She “poses a certain number of questions”, estimated Rémy Heitz. According to him, the Court of Justice of the Republic “will surely one day be reformed”.