how the Minister of Justice was acquitted in the absence of “intentional element” characterizing the illegal taking of interests

At the end of an unprecedented trial, the Court of Justice of the Republic (CJR) declared the Keeper of the Seals not guilty, suspected of having taken advantage of his position to settle scores with four magistrates whom he had criticized at the time when he was a lawyer.

He is found not guilty. Tried for illegal taking of interests before the Court of Justice of the Republic (CJR), Eric Dupond-Moretti was acquitted on Wednesday November 29. Certainly, the court considers that the Minister of Justice was in a “objective situation” of conflict of interest in the two cases for which he was dismissed, and that “the material element” of the crime “appears established“. However, she considers that “the intentional element” is not characterized. “These offenses are not committed against Mr. Dupond-Moretti, who must therefore be acquitted,” concludes the CJR in its decision.

The court, made up of three professional magistrates and 12 parliamentarians from the majority and the opposition, therefore did not follow the prosecution’s submissions. On November 15, the public prosecutor requested the sentencing of Eric Dupond-Moretti to a one-year suspended prison sentence, after considering that he had not “wanted to hear the alerts”. “By opening these investigations, he took a step that he should never have taken”, declared the Attorney General at the Court of Cassation, Rémy Heitz. Eric Dupond-Moretti was accused, in two separate cases, of having used his position as Minister of Justice to open administrative investigations into four magistrates whom he had publicly criticized when he was a lawyer. From now on, the public prosecutor has five days, until Tuesday, to appeal to the Court of Cassation. According to a source close to the matter, he is studying the judgment in detail before making his decision.

No “desire for revenge”

Before announcing the decision, the president of the CJR continued the suspense. Dominique Pauthe first took care to recall, in detail, the definition of the crime of “illegal taking of interests”, as well as the difference with the conflict of interest. In a monotone voice, without pausing, he also explained the reasons why the court considered that “the material element of the offenses of illegal taking of interests” was “established”. “The interest taken by Mr. Dupond-Moretti, in deciding, in his capacity as Keeper of the Seals, to refer the matter to the IGJ (General Inspectorate of Justice) for the purposes of administrative investigations” concerning the four magistrates, is “of a nature to compromise its impartiality, independence or objectivity”.

On the other hand, if the acquittal is decided, it is because at the same time, the CJR considers that Eric Dupond-Moretti did not have “sufficient consciousness” to expose oneself “commission of an illegal taking of interests by ordering the disputed administrative investigations”.

The court emphasizes, to motivate this judgment, that “knowledge of the existence of objective situations of conflict of interest by the various authorities”, who were required to advise the Minister of Justice, are not sufficient to establish that the latter was aware of committing an offense of illegal taking of interests. He “is not established”also estimated the CJR, that the minister had “been alerted of such a risk” before ordering these investigations. Nor did the court find in Eric Dupond-Moretti the search for “the satisfaction of a desire for revenge”.

“The innocence of Eric Dupond-Moretti is consecrated”

During the reading of the decision, lasting around twenty minutes, Eric Dupond-Moretti remained standing at the bar, straight as an i, with his hands behind his back and a serious look. In a very solemn attitude, the minister took note of the decision by nodding his head. Then, he left the courtroom without speaking in front of a swarm of journalists. His lawyer took the floor to express his satisfaction. “This is what we hoped for, this is what the law dictated. At the end of these two weeks of debate, the innocence of Eric Dupond-Moretti was demonstrated, and it has today been confirmed”welcomed Jacqueline Laffont.

“It is the victory of law (…) and also, in a sense, the victory of the separation of powers.”

Jacqueline Laffont, lawyer for Eric Dupond-Moretti

facing journalists

For his part, the lawyer for the Union syndicale de la magistrature and the Syndicat des magistrats, the two representations of the corporation at the origin of the complaint for illegal taking of interests in December 2020, did not wish to comment decision. “Today, the conflict of interest is recognized. The CJR decided that Eric Dupond-Moretti was not aware of this offense and therefore decided to release himreacted Christophe Clerc. I respect the decision.”