Melun. Why did Pierre Palmade refuse to be tried for manslaughter?

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« French law protects residents better than the unborn childpleaded in Melun (Seine-et-Marne) M^eMourad Battikh, lawyer for the victims of Pierre Palmadedont the pregnant woman who had lost her baby. The eggs of some birds are better protected than the fetuses in France, it’s astonishing! »

From the opening of the trial for unintentional injuries aggravated, he attempted to have the facts reclassified as manslaughter. His goal? Do jurisprudencein order to fill the legal void relating to the existence of the fetus.

“My daughter was viable, but not alive”

“The baby, extracted from the body by cesarean section has 27 weeksweighed 1,090 g. “It was therefore viable, according to the criteria of the World Health Organization,” argued the council, while taking care not to call into question the legitimacy of the voluntary termination of pregnancy. I would not like the recognition of the status of the fetus to oppose abortion, possible from 0 to 14 weeks. Currently, legal personality only appears at birth, there is no protection of life in utero. »

The child who died after the accident was a little girl, named Soline. There was a birth certificate, a death certificate and a burial. “My daughter was viablebut not alive, it tears my heart out,” the mother testified. “Soline must answer for this absence of words and laws, to move things forward,” said Mr.^e Mourad Battikh, turning to Pierre Palmade. I therefore ask you to solemnly appear for aggravated manslaughter. » A mention which also appeared in the final indictment from the Melun public prosecutor's office.

Pierre Palmade says “no”

The lawyer of defenseM^e Céline Lasek immediately spoke: “The fetus did not breathe at his birth, the investigating judge issued an order of dismissalI object to it, I ask you not to seek my client's agreement. » Despite everything, the president of the criminal court, Pascal Couvignou, immediately called Pierre Palmade to the stand. “Do you accept that this prevention be added to the previous mentions? » « Non », the defendant replied soberly.

The trial therefore proceeded as initially planned. And the prosecutor, Marie-Denise Pichonnier, concluded: “It is perhaps not up to the jurisdiction of Melun to decide on this debate which has more of its placein Parliament ».

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