ThoseGeneva justice –Thierry Cerutti sentenced on appeal for violation of the secrecy secrecy
The policeman fails to obtain his acquittal. The Court believes that he has wrongly gave information on prostitutes to a sulfurous boss of the world of the night.
Posted today at 8:18 a.m.
new judicial disappointment for the policeman Thierry Cerutti.
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- Thierry Cerutti is convicted of having disclosed confidential information in the middle of the night at the Pâquis.
- The Court of Justice confirms a suspended fifteen-day sentence.
- The policeman justifies his actions by the effective research of indebted people.
New legal start for Thierry Cerutti. According to our information, the police officer – and politician MCG who missed some 800 votes on Sunday his election Vernier administrative council – is today sentenced by the criminal chamber of appeal and revision (CPAR) for violation of the secrecy of office.
In 2022, the police court had inflicted a suspended sentence for four years for four years for having transmitted information on prostitutes in 2019 and 2019, a manager of a massage show. Among this information was the fact that some women were sought after by The Pursuit Office (OP) And were to be led by the police. This document is called a driving mandate.
In 2023, the CPAR lowered the penalty to 15 days amended (with a 2-year stay) in particular because the doubt benefited the accused when sending a message in 2019 to M. sur Rose*, a peripateticist. The policeman noted in particular that he had tried to delete, in vain, one of the messages sent a few seconds earlier to the sulphurous boss of the world of the night.
Awareness of doing wrong?
Did the civil servant aware of doing false and had the intention of raping his office secret? What was M.’s level of knowledge about these women, some of whom were housed at home, and on driving mandates? In 2024, the Federal court (TF) estimated that the CPAR had not analyzed this component well and that it had to re -examine it.
It is now done in a recent judgment of the CPAR, which concludes at the beginning of the year with the same suspended sentence: “By revealing both the content of the disputed conduct and their very existence, Thierry Cerutti acted intentionally, […]insofar as he at least considered that his interlocutor could not be aware of all of the data disclosed by the transmission of driving mandates, and has moved. “
“No legal proof fact”
For the surplus, continue the judges, “no legal or extragogical facts authorized him to reveal to an unauthorized third party any element from the driving mandates.”
Given the duty of discretion to which he was held, “the appellant could not legitimately believe himself in the right to act as he did. Even if he appears to have acted to carry out his investigations, that did not give him the right to free himself from his office secret. ”
“A sensitive neighborhood”
For the CPAR, his collaboration in the procedure was not good, but his awareness, although embryonic, seems somewhat initiated, appealing to her not constantly legitimizing his actions, while conceding nevertheless a certain laxity on his part.
According to cantonal justice, his personal situation does not justify his behavior, given his many years of experience in the police, which is more in a sensitive neighborhood, which should have led him to act in accordance with the law.
Prostitutes photos
His troubles started in 2019 when the police arrested the manager of the Pâquis massage fair and analyzes his relations with police officers. Investigators find out that Thierry Cerutti had sent him WhatsApp, in 2018 and 2019, to him information relating to prostitutes.
Namely photos of them, extracts from police files relating to the world of night and driving mandates addressed to these women by OP for unpaid invoices. The policeman claims that he was trying to locate persons subject to proceedings following driving mandates awarded by the public prosecutor in order to lead them to OP.
The accused explained that he is led to seek, for OP, these women, “passing through Geneva for a few weeks or months” so that they settle their due to various creditors (Editor’s note: health insurance, taxes).
It is within the framework of his investigations that Thierry Cerutti contacted Mr. in order to know if these people worked for him and “in order to locate them – which is particularly difficult – to exercise the driving mandate”.
The defendant repeats that M. knew the information transmitted in large part, that there was only an extract from the police file sent by mistake and that the photos have not been recognized as violations of the secrecy.
“In the interest of the community”
Me Reynald Bruttin, defender of Thierry Cerutti reacts: “My client has always exercised his work in the interest of the community: this is exactly what an OP bailiff noted in the procedure specifying that my principal had an exceptionally high success rate compared to the average.”
And the lawyer to add that he was performing driving mandates as should be the case and that “the office was grateful to him”.
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