PFor those who had perhaps missed the previous episode, the president of the Assize Court of Charente-Maritime, Franck Wastl-Deligne, reminded us once again this Wednesday, November 13: “the question of discernment is central to this trial. »
For laymen, there are three scenarios: abolition of discernment, alteration or neither. In the latter case, the accused is found fully criminally responsible. On the other hand, he is recognized as irresponsible if he was suffering, “at the time of the facts, from a psychological or neuro-psychological disorder having abolished his discernment or control of his actions”. In the case of impaired discernment at the time of the facts, the person suffering from mental disorders remains punishable and their sentence is reduced by a third.
“Explosive cocktail”
These questions therefore arise in the case which occupies the Assize Court of Charente-Maritime, meeting in Saintes since Tuesday, November 12. She judges Hamza Charfeddine, 31, accused of trying to kill his young neighbor in the building, armed with a kitchen knife, on the night of February 23, 2021, in Rochefort. And this, for no apparent reason. Since 2017, the accused has been plagued by hallucinations.
Before this night of horror, he had experienced five stays at the Marius-Lacroix psychiatric hospital in La Rochelle. In question, his consumption of cannabis coupled with the cessation of the treatment recommended by his psychiatrist, Doctor Paris. “An explosive cocktail” which gives rise to psychotic decompensation, that is to say that he no longer knew how to differentiate what is real and what is not. This manifested itself in auditory hallucinations, most often.
“Attacked by a monster”
When the thirty-year-old is questioned about the reasons for his actions, his speech is confused, changing and, sometimes, not very credible. On Tuesday, there was talk of “black magic and witchcraft” which had put him in this state for several years. On the night of the events, he recalls two different stories: he came to see his neighbor because he thought she was “attacked by a monster”; another scenario, he heard noises coming from her house and it annoyed him.
“It hurt my ear so I went down to see if she was okay,” defends the respondent. “However, all the witnesses say that you insulted her behind the door and threatened her with death,” points out the president.
Schizophrenic?
The experts paraded Wednesday afternoon and their opinions differ. To summarize, three psychiatrists believe that Hamza Charfeddine is totally responsible, to the point that his discernment was impaired. Opposite, another psychiatrist, Doctor Bescond, and a psychologist, Anne Jolly, are of the opinion that the accused suffers from schizophrenic disorders, going in the direction of the abolition of discernment at the time of the attempted murder. of this night in February 2021.
A first psychiatric medical examination, carried out by Doctor Foulounoux, shortly after the events, rather concluded that there had been an alteration because “there was a break with reality”. “There is no schizophrenia,” insists the practitioner. For her, if the accused stops using cannabis and follows his treatment, that would be enough for him to be well. In his eyes, it was the joints he smoked and the cessation of his treatment that led to this tragedy: “he knew the harmful consequences of taking toxic drugs, for me, he remains responsible. »
“His toxic relationship with toxic people made it easier to take action”
The same goes for Doctor Pillette, requested with his colleague for a second opinion during the investigation: “it is because of his toxic relationship with toxic substances, which facilitated the act. » During a new second opinion requested by the defense, Doctor Bertrand goes in the same direction: the accused has a manipulative attitude but does not suffer from schizophrenia.
Doctor Bescond, psychiatrist, is not of this opinion. “He suffers from a chronic psychotic disorder, in this case paranoid schizophrenia,” he summarizes. It is not in the register of manipulation. » Thesis followed by Anne Jolly, expert psychologist: “after 2017, his thinking is clearly delusional. Concerning the facts, he has no memory and he is devastated. He tries to explain what for him is inexplicable. »
This Thursday, it’s time for the pleadings of the lawyers for the civil parties and the defense, as well as the requisitions of the attorney general. Verdict expected during the day.
