Did the defendant really steal – or attempt to do so – beauty products from a store in Corbeil-Essonnes? The defense succeeded in demonstrating serious doubts about the evidence against the defendant.
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Alan* enters the box of 10e criminal chamber of the Évry-Courcouronnes judicial court and patiently awaits the deliberation of the case just before his own. He is presented for immediate appearance for theft and attempted theft in a pharmacy a few days apart.
The day before, the police received a call from an employee of a pharmacy in downtown Corbeil-Essonnes when she was following an individual in the street after seeing him attempt to steal . She said she had already seen him in the store and that a pre-complaint had already been filed for the theft of beauty products.
On the video surveillance, we can see an individual putting something in his pockets, accompanied by another person. However, the image is very blurry. On November 4, the individual is alone, with his back to him, and seems to be interrupted in his actions, putting a product back on a shelf.
Before the judge, Alan disputes the facts, just as he did during the hearing. “I went in to buy some ointment, I found it expensive, I took a break. » The judge notes that despite the poor quality of the images, we can see someone with something in his pockets. “No, I stopped, I asked the price, I found it too expensive. She told me it was 17 euros, so I left. » Alan affirms that it is indeed him in the images of November 4, but concerning the incidents of theft of October 29, where 12 tubes of cream were stolen, he was not in Corbeil-Essonnes that day – there.
– “Why does the preparer say she’s already seen you then?”
– I don’t know.
– Do you know there are videos in this pharmacy?
– Well yes. »
Difficult for everyone to find their way between the very blurry captures which do not really allow us to distinguish whether Alan is there and the two very close dates.
“There is no evidence in this case”
Alan, born in Algeria and just an adult, arrived in France in 2021 and is in an irregular situation. He works illegally in the markets to survive, where he earns 30 or 40 euros. He is homeless and finds himself sleeping with friends or staying with his uncle in Paris. He said he had been stabbed a month earlier. He has never been to prison, but has several aliases and several records.
For expensive creams that are easy to resell, this type of offense is unfortunately commonplace in drugstores, notes the prosecutor. Beyond the very average quality images, she emphasizes that Alan was recognized by the pharmacist and for this, requires a conviction for the two offenses. “There is no guarantee of representation,” she says. And Sir was reported as persona non grata in the Netherlands and Germany. He is known by the juvenile court. » It requires six months of simple suspended imprisonment and a ban on going to Corbeil-Essonnes.
“There is no incriminating evidence in this case,” retorts Alan’s defense, who cannot be satisfied with the statements of the pharmacy employee who described the individual as having gray hair, which which is clearly not the case of the young defendant. “She followed him on foot for a while, that’s not an attitude of flight!” She would have seen him put the product down, he himself admits that he saw the price and put it back in place. » Concerning the facts of theft, how could he have put five boxes in his pockets, the lawyer sincerely asks. “You would see it, even in poor quality images. » The victim, the pharmacy technician, claims to have recognized him on a photographic board: “But was she at the pharmacy that day? Nothing indicates this. These are common thefts, we want to blame someone. » He asks for release with the benefit of the doubt.
The judge will agree with this opinion: “There is not enough evidence to convict you. »
Alan thanks her and leaves the box.
*The first name has been changed.
