the decision of the general prosecutor’s office not to appeal to cassation “is incomprehensible”, believes Anticor’s lawyer

The decision of the general prosecutor’s office not to appeal in cassation against the acquittal of the Minister of Justice Éric Dupond-Moretti for illegal taking of interests is “incomprehensible from a legal point of view”, estimates Monday December 4 on franceinfo Jérôme Karsenti, lawyer for the anti-corruption association Anticor, who had filed a complaint against the minister. The Attorney General at the Court of Cassation Rémy Heitz announced this decision a little earlier on franceinfo, assuring that he wanted “move towards appeasement”. Jérôme Karsenti judges this decision “atypical”.

Anticor’s lawyer considers that this decision “deeply offends the spirit of justice and public opinion”. According to him, Éric Dupond-Moretti “because he is a minister, he has a special right”. The lawyer for the anti-corruption association believes that the public prosecutor at the Court of Cassation “pursues a political decision by making a choice based on political opportunity”. For Jérôme Karsenti, it would have been “impossible” for Rémy Heitz to continue as attorney general if he had filed an appeal in cassation, “unless we imagine that our law, our institutions finally promote the independence of the public prosecutor’s office in France”.

“It was impossible for Rémy Heitz to continue to carry out his missions in this context”

Jérôme Karsenti, lawyer for the Anticor association

franceinfo

However, this decision is not a surprise for Anticor’s lawyer. Jérôme Karsenti indeed considers that the Attorney General at the Court of Cassation “was in an unfathomable conflict, an impossible conflict of loyalty, a conflict in legal and political reality which prohibited him from filing this appeal”. He indeed considers that Rémy Heitz is “the subordinate of the Minister of Justice”recalling in particular that it was “appointed by Prime Minister Elisabeth Borne”. “He will also have to carry out all the penal policy which will be ordered and decided by the executive power”adds Jérôme Karsenti.