A-Infos (en) France, UCL AL #345 - Politics, Dupont-Moretti: Exceptional justice... exceptionally lenient! (ca, de, fr, it, pt, tr)[machine translation]

The Minister of Justice, Eric Dupont-Moretti, was found guilty by the 
Court of Justice of the Republic of illegal taking of interest... 
without the intention having been proven! After months of 
procrastination against this unfair justice, good law has finally 
prevailed. Bourgeois justice has exonerated one of its lackeys while 
more and more severity is demanded, in the name of setting an example, 
for the young, and the less young, of the working classes. ---- On 
November 29, 2023, Eric Dupont-Moretti, Minister of Justice, was 
acquitted by the Court of Justice of the Republic (CJR), when he was 
accused of having used his position as minister to "settle scores" with 
magistrates with whom he had disagreements dating back to when he was a 
lawyer.

The CJR's decision is motivated by the fact that if the material element 
of the offense of illegal taking of interest is present, the intentional 
element would not be demonstrated. Hear: he did it, but we have no proof 
that he intended to do it.

Such reasoning is entirely possible legally. And moreover, the criminal 
judge should, each time he sentences a person, ensure that he has proof 
not only that he committed the offense, but also that he had the 
intention to do so.

In fact, when the accused person is not a minister, we rather see 
opposite situations, of convictions without proof of the material element.

Tailor-made justice
The CJR, an exceptional jurisdiction to judge offenses committed by 
ministers in office, made up of 15 judges including 12 parliamentarians, 
before which victims cannot intervene, and which has records of impunity 
(in 20 years of existence, more than 20,000 complaints registered, 9 
judgments, 5 convictions, all suspended), is undoubtedly the most 
striking symbol of this bourgeois justice, at two levels, which serves 
the interests of the dominant.

The law is a balance of power
Because, it must be remembered, "Justice", in France, essentially 
condemns people from the working classes, racialized, from 
neighborhoods, disabled... The racist and classist biases of the judges, 
mainly white and from the bourgeoisie , undoubtedly have a lot to do 
with it, but the problem is much more deeply rooted in the institutions.

The sociology of domination demonstrates that contrary to what is said 
to us, the law is not the expression of the general will, but results 
from the balance of power between social classes to conquer the power to 
state the law. It therefore reflects the interests and values of the 
group which has gained this power, and which uses it to criminalize 
behavior which threatens its dominant position[1].

Thus, the ruling bourgeoisie creates legislation and a penal system 
which targets offenses such as theft or drugs much more than the 
behavior of big bosses destroying the environment or endangering the 
safety of their employees, for example.

Thus, the ruling bourgeoisie creates legislation and a penal system 
which targets offenses such as theft or drugs much more than the 
behavior of big bosses destroying the environment or endangering the 
safety of their employees, for example.

At the same time, the penal system projects an image of danger that the 
poor represent, and has the function of hiding the real social dangers 
that are the crimes of the powerful.

Contrary to the dominant discourse on the fight against delinquency, 
this penal system is perfectly efficient and fulfills the real 
objectives for which it was designed, and is, therefore, not reformable. 
From a libertarian perspective, it seems essential to seek its 
abolition, and to be interested in non-punitive justice alternatives.

Julie (UCL Fougères)

To validate
[1]See Pierre Bourdieu, "The force of law. Elements for a sociology of 
the legal field", Proceedings of research in social sciences, n° 64, 
September 1986 and Austin Turk, Criminality and Legal Order, Rand 
McNally, 1969.

https://www.unioncommunistelibertaire.org/?Dupont-Moretti-Une-justice-d-exception-exceptionnellement-clemente
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