• Agnès Buzyn was indicted this Friday by the Court of Justice of the Republic.

  • She was summoned this Friday because of her management of the start of the coronavirus crisis in France, while she was Minister of Health.

  • But how does this exceptional Court of Justice of the Republic work?

This Friday, Agnès Buzyn was summoned before the Court of Justice of the Republic, before being indicted for "endangering the lives of others" during the management of the coronavirus crisis in France.

Agnès Buzyn was indeed Minister of Health at the start of the first epidemic wave, before resigning on February 16, 2020, to embark on the race for municipal elections in Paris, a month before the first confinement.

This convocation is undoubtedly not the last for the politicians who have participated in the management of this health crisis: the imbroglio around the masks, the minimization of the epidemic, the false or confused speeches are as many cases pointed out. which led to the opening of this convocation like no other.

But what does it really consist of?

Explanations.

How do these invitations work?

Any person, French or foreign, who claims to be injured by a crime or an offense committed by a member of the French government in the exercise of his functions can file a complaint with the requests commission of the Court of Justice of the Republic, explains lawyer Sajjad Hasnaoui-Dufrenne: “To be admissible, the complaint must specify the name of the member of the Government concerned as well as the facts alleged against him.

"

The former Minister of Health is the target of several complaints for "failure to fight a disaster".

On January 24, 2020, she declared in particular that the risks of the spread of the coronavirus in the population were very low, specifying, however, that the situation could change.

The Court of Justice of the Republic is the only French jurisdiction which can judge members of the government who have committed crimes or misdemeanors in the exercise of their functions.

However, the investigating committee cannot go beyond the facts before it.

Does every complaint lead to a summons?

Obviously no.

As indicated by Sajjad Hasnaoui-Dufrenne, these complaints are judged by the complaints commission.

The latter is made up of three magistrates from the Court of Cassation, two Councilors of State and two senior advisers to the Court of Auditors, and it decides on the advisability of prosecution.

"It is responsible for filtering complaints and has certain investigative powers for this purpose", explains the lawyer.

When it considers that the complaint is sufficiently serious, the requests commission transmits the file to the Attorney General at the Court of Cassation so that he seizes the investigating commission of the Court of Justice of the Republic.

The latter is effectively divided into three bodies: the petitions commission, the investigation commission, and the court formation.

The investigating committee (made up of magistrates from the Court of Cassation) then opens an information, in order to investigate the facts before it.

It will in particular proceed to the hearing of witnesses and respondents.

At the end of this information, if it considers that there are not sufficient charges against the charged person, the investigating committee will issue a dismissal order.

Otherwise, it will order the referral of the case to the trial formation (composed of parliamentarians and magistrates of the Court of Cassation).

What is Agnès Buzyn at risk?

At the end of her hearing, Agnès Buzyn was indicted when she could have emerged under the more favorable status of assisted witness. "But indictment does not necessarily mean conviction, a number of people having been indicted before the Court of Justice of the Republic to finally be released", nuance lawyer Valérie Duez-Ruff. "In the most unfavorable scenario for Agnes Buzyn, article 223-7 of the Penal Code punishes the offense of abstaining from fighting a claim of two years' imprisonment and a fine of 30,000 euros", specifies -she.

The deliberate endangerment of the life of others is punishable by one year of imprisonment and a fine of 15,000 euros as well as several additional penalties.

The lawyer concludes: "Olivier Veran and Edouard Philippe may also be targeted and perhaps even Sibeth Ndiaye, but also the Director General of Health Jérôme Salomon and the Director General of Public Health France, Geneviève Chêne, whose homes were searched ”.

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Coronavirus: Agnès Buzyn summoned to the CJR on Friday for a possible indictment for her management of the epidemic

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