The man suspected of hitting a little girl in Vallauris on Thursday was placed under judicial supervision and charged but was spared pre-trial detention. A decision that “may shock public opinion” but which can be explained, according to lawyer Florence Rouas.
A decision that creates great confusion, including among the victim’s family. This Saturday, August 31, the main suspect in the case of the little girl hit by a motorcycle in Vallauris was provisionally released.
Placed under judicial supervision and charged with involuntary injuries, the 19-year-old man was not placed in pre-trial detention. This was requested by the public prosecutor and the investigating judge in charge of the case. The judge of liberties did not follow their recommendation and the public prosecutor announced that it would appeal.
What works in the suspect’s favor
Invited on BFMTV, lawyer Florence Rouas gave some clues to explain this decision. She admits that it may “surprising given the seriousness of the facts with which the accused is accused” but argues that the judge of liberties made his decision “in light of article 144 of the code of criminal procedure”.
If the “seriousness of the facts” is not “disputed” according to Me Rouas, other elements can help to understand the judge’s decision. In particular “the guarantees of representation of the accused”, that is to say the probability that he will be present during his trial and his summons.
The risks of possible collusion with potential accomplices or the possibility of pressure on witnesses are also assessed in such cases. The fact that the suspect “obviously has no criminal record” may also have played in his favour.
A decision that can change
“This judicial review was ordered with safeguards, in an extremely strict manner,” continues Florence Rouas, who insists on a fundamental aspect of the judicial procedure in France. “Principle, freedom. Exception, detention,” she says.
The criminal lawyer admits that this decision “may shock public opinion”. From a legal point of view, she recalls that the suspect is “presumed innocent”.
“We don’t know the exact circumstances, he was not under the influence of alcohol or drugs (…), the judge of liberties undoubtedly ruled in light of these elements,” she added to the microphone of BFMTV.
Florence Rouas finally explains that the situation is “evolving” and that the appeal made by the prosecution could change the decision taken by the judge of liberties. “The judicial investigation is only just beginning,” she sums up.
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