samedi 26 novembre 2011

List of judicial errors in France

/>
List of judicial errors in France





A judicial error is "error of fact by a trial court in its assessment of the guilt of a person prosecuted [1]." This definition assumes that a court, which has been following this error, knowledge of the case, may find this error and neutralize. It is the judicial authority itself which recognizes the existence of a judicial error.



A [edit]

•Roland Agret: sentenced in 1973, Paris. Retried and acquitted in 1985 rehabilitated.



[Edit] C

•Jean calas: 1761, Toulouse (France); rehabilitated in 1765.



•Monique box: sentenced in 1965 and met on 5 May 1966.



(D) [edit]

•Rida Daalouche: sentenced in 1991 and then on April 12, 1994, it is retried and acquitted on May 8, 1999



•Jean Dehays: sentenced in 1949, he was retried and acquitted in 1955.



•Jean-Marie Devaux: sentenced in 1963, retried and acquitted in 1969



•Patrick Dils: 1989, Montigny-lès-Metz (France); retried and acquitted in 2002.



•Alfred Dreyfus: sentenced in 1894 and then again in 1899, he is pardoned the same year then finally acquitted and rehabilitated in 1906. It is not so much a judicial error to a conviction deliberate for reasons of State.



[Edit] L

•The vicomte de La Roncière in case the Roncière (1835)



•Joseph Lesurques in the case of the courrier de Lyon (1796)



[Edit] M

•Guy Mauvillain: sentenced 1975, retried and acquitted in 1985



O [edit]

•Affaire of Outreau: viewed by public opinion as an example of judicial error, it cannot receive this qualification since all persons wrongly accused and remanded in custody, some were finally acquitted before the Assize Court of first instance in 2004 or appeal a few months later, in 2005.



[Edit] R

•Jean Rayne in 1364 to Douai [2]





A•Affaire Deveaux



•Roland Agret



B•Derek Bentley



C•Affaire Calas



•Elizabeth Cass



•Affaire coffin



•Affaire Cécile Combettes

D•rida Daalouche



•Patrick Dils



•Cornelius Dupree



•Jules Durand



G•Gerry Conlon



H•Robert Hubert



K•Affaire Kaas



L•les crimes of the Cardinals of Vittel



M•guy Mauvillain



•Juan Melendez

O•affaire of Outreau



Q•Quatre of Guildford



R•Jean Rayne



Rossel •Louis



S•Affaire Sacco and Vanzetti



•Affaire Sirven



•Pierre-Paul Sirven



V•Affaire Villarceaux



W•Judith Ward





Seznec case



















The case

Joseph Marie Guillaume Seznec, born offset may, 1878, at Plomodiern, in Finistère, master of sawmill at Morlaix, was found "guilty of false private writable and the murder of Pierre Quéméneur", General Counsel of Finistère, the latter who had strangely disappeared on the night of May 25 to May 26, 1923, during a business trip made of Brittany in Paris with Guillaume Seznectravel related (according to Guillaume Seznec) for sale to the Soviet Union of stocks of cars Cadillac reassigned to the France by the U.S. Army after the first world war. However, even if several assumptions may be advanced for this rather mysterious disappearance. Mysterious car first Pierre Quéméneur body has never been recovered. Then several witnesses at trial testified crossed Pierre Quéméneur after his disappearance. The hypothesis of murder was adopted by the Justice. Being the last living person to have seen Quéméneur (according to the survey), Guillaume Seznec became the main suspect: he was arrested, charged and imprisoned.

His trial, in which nearly 120 witnesses were heard, lasted eight days and ended on November 3, 1924. Guillaume Seznec was then recognized guilty, but planning being ousted, he was sentenced to forced labour in perpetuity while the Advocate General had requested the death penalty. He was then taken to the camp of the Transportation of Saint - Laurent - du - Maroni in 1927, then transferred to the penal colony of the islands of salvation in French Guiana in 1928. Several works bear witness to the hardness of the penal colony maintained by the French Republic in Guyana (Albert London;) In the penal colony. Claude Sylvane; Our penal colony. Denis Seznec; Seznec, the penal colony; Laffont. The Seznec case in photos of the Foundation to the penal colony; (Laffont).



Guillaume Seznec refused a presidential pardon in 1933. After the 2nd World War and the closure of the penal colony of Guiana, Guillaume Seznec enjoys sentence in May 1946 [1], he returned to metropolis France the following year. In 1953, in Paris, he was overthrown by a pick-up truck which took flight. Found, the driver claimed that he had not seen. Guillaume Seznec died on 13 February 1954, died from his injuries.



Timing and results of the statement of the time [edit]

The chronology of events [edit] on 25 May 1923, after having spent the night at the Hotel de Paris, Rennes, Guillaume Seznec and Pierre Quéméneur take the road of Paris in a Cadillac brand car. Quéméneur Seznec, must meet the following day to eight hours a certain Chardy or Sherdly. Quéméneur had told his family he would be back on May 28. A few days, Quéméneur family concern and will find Seznec requesting news. He tells them that a car failure, he left Quéméneur Dreux station, where he took the train to Paris. He suggests perhaps went in America.



June 13, a telegram signed Quéméneur is sent of Harbour, main port of departure to America with the following text: "Does get Landerneau that in a few days everything is for the better - Quéméneur". June 20, an employee of the harbour station discovers a suitcase with papers for Quéméneur and informs his family.



June 22, a statement for suspicious disappearance is open to Brest. In this statement, the suitcase is seized. It contains a promise of sale typed (which at the time is rare) on a large property with Manor House located in Plourivo, belonging to Quéméneur, for the benefit of Seznec and for a sum of 35 000 francs of the time, either 33 500 euros (value 2009), no relation to the price of such property. (This property will be sold 155 000 francs in 1925.)



June 26, Seznec is heard by the gendarmes. He explains that the promise of sale was drafted by Quéméneur and he was given against the 4 040 $-gold that he had to change to Brest, 35 000 francs representing that the balance of the sale price. This ceremony took place without witness. According to Seznec, Quéméneur would have needed liquidity to deal with the case of the Cadillac which called him to Paris; Seznec knows not more, because, he said, in the case, its role is limited to receive for Quéméneur mail sent on envelopes to header of the Paris American Chamber of commerce.



He tells the details of the trip to Paris, and how, the car being down, he had to leave Quéméneur at Dreux and returned to Morlaix.



The result of the statement of the time [edit] as eight witnesses saw Seznec and Quéméneur together at Houdan, 60 km from Paris; They resumed the whole road. Quéméneur has therefore not left Seznec in Dreux, but in Houdan (Seznec approximation).



A witness saw one Seznec at the wheel of his car, in the early morning of the next day, at the tail-lez-Yvelines, 15 km of Houdan on the road to Paris. This witness helped him with his car failed. Seznec recognizes this fact.



The wife of Seznec confirms that her husband left his home June 12 in a car. He left his car in a farm at Plouaret, judgment on the Brest railway line.



According to several witnesses, Seznec would have seen in le Havre on June 13, the sending of the telegram signed Quéméneur since this city. He would have bought the typewriter used to type the promise of sale. Five witnesses confirmed these facts. It would have used an assumed name during this stay.



According police, Seznec would have seen the same day in Paris-Montparnasse station in Paris, at 21 hours, where he took the train to Plouaret. Seznec nie en bloc.



On 14 June in the morning, he recovered his car to Plouaret, either in the hour after the arrival of the train where he would have been seen the previous day.



The police eventually discover July 6 the typewriter used to write the promises of sale in the third search in the sawmill of Seznec...



Experts examine the machine. They conclude that it has served well to write the promises of sale (which one would have given by Seznec Paris police) and that the alleged handwritten entries written by Quéméneur are in fact false (recall that the promises of sale are dated May 22, 1923, and that the typewriter was purchased on June 13, 1923).



In the suitcase recovered in le Havre, there was also a spending diary, indicating in particular tickets of train Dreux-Paris and Paris - Le Havre, with erroneous prices.



Attempt to review the trial [edit]

During his trial and for years its remaining to live, Seznec stopped his innocence. His descendants, and in particular his grandson Denis Le Her-Seznec (Denis Seznec), regularly sought justice for reopening the file, to the whitewashing of the charges against him and for his pardon.



To support this action, Denis Seznec, relatives and sympathizers were founded in Paris in 1995 FRANCE JUSTICE, association under the 1901 Act. This association is a member of the French Committee of the non-governmental organizations (NGOs) to the United Nations.



The effective action of FRANCE JUSTICE (relayed by the media) is responsible for the Act of 23 June 1989 so-called "Seznec Act", passed unanimously in the Parliament (rare). It amended the procedure for review of cases tried in Assisi. This means "of new evidence casting doubt on the guilt." Note that on the 2000 business giving rise to a review procedure, two thirds were dismissed and the last third was dismissed.



The reputation of FRANCE JUSTICE allowed him to attract personalities: lawyers famous, parliamentarians, the singer Yves Duteil (descendant of Captain Dreyfus) and some of the cleared as Patrick Dills or those found innocent at the trial of Outreau (Alain Marécaux,...)



To rehabilitate Guillaume Seznec fourteen applications were reviewed by the justice and were all rejected.



The criminal conviction review Committee agreed, on 11 April 2005, to reopen the record of the conviction for murder of Guillaume Seznec [2]. This decision could open the way to a possible cancellation of the conviction against her in 1924. The Criminal Chamber of the Court of cassation, acting as a Court of revision, review this record October 5, 2006.



At this hearing, the benefit of the doubt in favour of Guillaume Seznec was requested specifically referring to the possibility of a police set-up of the trainee Inspector Pierre Bonny (revoked in 1935 of the French police for serious faults, sentenced for corruption, then Deputy later Henri Lafont, the head of the French Gestapo) with higher hierarchical, Commissioner Vidalwas in charge of the investigation. On its side the rapporteur Advisor Jean-Louis Castagnède argued the opposite view, arguing that this manipulation seemed improbable because of the low number of acts established by Bonny (5 500) and, on the other hand, the expertise sought by the Court of cassation had established that Guillaume Seznec was the author of the false promise of sale of the property of Quéméneur located at Plourivo.



December 14, 2006, the annulment of the conviction of Seznec was dismissed by the Court of review which found that there was no new factor likely to give rise to doubt about the guilt of Guillaume Seznec [3], noting that the existence of a such that alleged police conspiracy is physically impossible and that the participation of Inspector Bonny to a police set-up has not been proven [4]. This case seems closed, a new application for revision is improbable. The Seznec family had first manifested the intention to seize the European Court of human rights, but on the advice of his lawyers, she waived [5].

Aucun commentaire:

Enregistrer un commentaire

info Benjamin et de son fils Aureo (sefca puteaux solidaire du papa)

Cédric Fleurigeon http://www.facebook.com/event.php?eid=264268448591 Nous demandons à tous pendant une journée, le samedi 30 janvier 2010 de changer la photo de votre profil par celle de Benjamin et de son fils Aureo Il serait bon de voir fleurir cette photo sur la toile que se soit sur Facebook, MySpace, MSN ainsi que sur tous les méd