what the “criminal circular” sent by Éric Dupond-Moretti contains

“A firm, rapid and systematic criminal response” to abuses, according to the Minister of Justice.

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The Minister of Justice, Éric Dupond-Moretti, May 15, 2024. (GEOFFROY VAN DER HASSELT / AFP)

A four-page document was sent to the judicial authorities of New Caledonia. The Minister of Justice, Éric Dupond-Moretti, sent on Thursday May 16 the “criminal circular” promised by the Prime Minister, Gabriel Attal, for “guarantee the heaviest sanctions against rioters and looters”. In this document, which franceinfo obtained from a union source, the Minister of Justice advocates “a criminal response marked with the greatest firmness against the perpetrators of the abuses perpetrated”.

“The extremely serious acts committed against people and property in New Caledonia constitute serious breaches of public order leading to imminent danger,” underlines Éric Dupond-Moretti. Also, “the restoration of republican order is an imperative and the judicial institution must play its full part in this.” For “provide a firm, rapid and systematic criminal response”, the minister reminds “the qualifications adapted to the facts perpetrated in this context. In particular, the organized gang, the ambush, the quality of the victims (depositories of public authority), the use or threat of a weapon must be retained” . “You will ensure that you prosecute the perpetrators of ambushes set up with a view to committing violence, particularly against persons holding public authority”he adds. “I would like to thank you for your commitment and know that I can count on your total mobilization in the implementation of this circular”, concludes Éric Dupond-Moretti.

“This type of circular is quite classic and we are used to receiving them, reacts Friday on franceinfo Emmanuel Abentin, judge of freedoms and detentions at the Nouméa court. He “I think that at the court level, there is no difficulty in applying it, when we are at the prosecution” Or “have an attentive ear, when you are a judge”he adds, even if he emphasizes that the judges are “independent”. “We will always have an individualized response depending on the investigation, depending on the personality of the accused, depending on what is in the file”assures the judge.

“We have cases that are struggling to reach court, because the police do not currently have the means to investigate,” he specifies, even if “we are told that things will be reversed”. “Over the past week, we had eleven presentations [au tribunal]. I think we could have had a little more, if the means of investigation were effective”he says. “Despite difficulties” access to court, “we could have judged more people, even from the first days” riots, notes Emmanuel Abentin.


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