Appeal against court decision

translated from soutienauxinculpeesdu8decembre.noblogs.org

The six defendants sentenced to probation and registration in the FIJAIT file are appealing against the court’s decision. Five of them have been given provisional sentences into electronic bracelet for 8 to 12 months, which means that the appeal does not suspend their sentences.

Only the defendant who received a 2-year suspended sentence without being registered on the FIJAIT file did not appeal.

At the meetings with the anti-terrorist sentence enforcement judge (JAPAT : juge d’application des peines anti-terroristes) on the 15th and the 22/01/24, the latter decided to suspend the firm sentence that could be converted into a bracelet for the five convicts concerned, considering that the appeal is suspensive, despite the provisional execution required. Normally, the mention of provisional execution is added to the sentence (pronounced here by Judge Roux) precisely to prevent the appeal from suspending the sentence to be carried out.

As for the measures prescribed by the probationary suspension (duty of care, duty to work) and the prohibition on communication between the accused, the provisional execution note is maintained by the sentence enforcement judge.

In concrete terms, none of the 6 defendants (appealing) will be required to wear an electronic bracelet for the time being.

Everything now depends on the outcome of the appeal, which may take place in around 12-15 months, or even longer:

  • acquittal or sentence corresponding to the pre-trial detention already served: no new prison sentence
  • Confirmation of the December 22, 2023 verdict: between 8 and 12 months in a bracelet for the accused.
  • Or, in the worst-case scenario, the sentence handed down could be even heavier… (in particular, with a committal order).

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