the essential
Placed under arrest in hospital following the accident he caused in 2023, comedian Pierre Palmade has, however, never been placed in a cell in a remand prison. The civil party was then outraged by this decision. But justice applied the law well.
Placed under judicial supervision following the serious accident he caused in February 2023, when the prosecution had requested his placement in pre-trial detention, Pierre Palmade was never incarcerated in a prison proper. On his hospital bed, he had the status of inmate but never entered the doors of a penitentiary establishment due to his health difficulties.
Electronic bracelet
The courts then granted him the possibility of wearing an electronic bracelet which forces him to respect fixed schedules. His judicial control prohibited him from driving, from coming into contact with the victims and forced him to stay in Gironde where he was treated in an addiction center, under house arrest.
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Pierre Palmade, on trial this Wednesday, November 20, before the Melun judicial court, for “unintentional injuries” therefore lived for more than a year under constraint, with very restricted freedom of movement. While many voices were raised to denounce “a favorable regime” and the leniency of justice from which Pierre Palmade, a well-known personality, would have benefited, the rules and the law were nevertheless applied, as for any litigant.
Jurists and criminal law specialists repeat it: “Pre-trial detention always constitutes the exception and freedom the principle.” Placement in pre-trial detention serves to prevent numerous risks: disturbance of public order, repetition of the facts, flight of the accused, possible pressure on witnesses.
Incarceration may occur when the accused does not have guarantees of representation, in particular a place of accommodation. It is on the basis of these legal rules that justice considered that the comedian met these various criteria and could be placed under electronic surveillance.
