Shock case in La Penne-sur-Huveaune: The mayor, indicted for rape and aggravated violence against ex-partners, kept in pre-trial detention. His lawyers denounce a “violated presumption of innocence”. The investigation promises new twists and turns…
A shocking affair is currently shaking the town of La Penne-sur-Huveaune, in Bouches-du-Rhône. The city's mayor, Nicolas Bazzucchi, was indicted on December 18 for alleged acts of “rape” and “aggravated domestic violence” against three of his ex-partners. Despite an appeal from his lawyers, he has just been kept in pre-trial detention. A decision which provokes strong reactions.
Serious accusations and ongoing investigation
According to sources close to the matter, an investigation was opened in August 2024 and entrusted to the Territorial Crime Division (DCT) following complaints filed by three former partners of the mayor. The alleged facts would have taken place between January 2023 and July 2024. During his indictment, Nicolas Bazzucchi would have denied the accusations of rape and aggravated violence. However, he would have “admitted certain behaviors likely to have criminal implications”, according to the Marseille prosecutor's office.
The mayor was immediately placed in pre-trial detention, in accordance with the prosecutor's orders. A measure contested by his lawyers, who appealed this decision. But the Aix-en-Provence Court of Appeal has just ruled: it has decided to keep the councilor in pre-trial detentionwhile refusing the request for judicial review made by the defense.
A risk of “renewal of the offense”?
To justify this choice, the court considered that release, even under judicial supervision, would constitute a too great a risk in view of the status of mayor of the accused. According to her, he could thus exert pressure on victims or witnesses. Arguments described as “abstract” and “abusive” by Me Jérôme Gay, lawyer for Nicolas Bazzucchi.
“A mayor is not above the law, but well below the law. He is accused of being mayor, while forgetting the presumption of innocence”
– Me Jérôme Gay, lawyer for Nicolas Bazzucchi
The lawyer has already announced his intention to challenge this decision again via a cassation appeal. But in the meantime, his client remains behind bars. A situation all the more unusual as the mayor has so far not not resigned from office.
A “violated” presumption of innocence?
Beyond the alleged facts, particularly serious if they were to be proven, it is the question of the presumption of innocence which crystallizes the debates. As a reminder, this fundamental principle of criminal law implies that any person suspected or prosecuted is considered innocent until their guilt has not been legally proven.
However, in Nicolas Bazzucchi's defense, it is precisely this principle that would be violated in this affair. Invoking the status of mayor of the accused to justify his continued detention would thus amount, according to Mr. Gay, to presuming him guilty even before his trial.
An argument which does not convince the prosecution nor the court of appeal, for whom the risks of pressure on the parties involved outweigh other considerations at this stage. It must be said that cases implicating local elected officials for acts of sexual violence remain extremely rare and always arouse strong emotion in public opinion.
What does the mayor of La Penne-sur-Huveaune risk?
If the facts of rape were confirmed, Nicolas Bazzucchi would face up to 20 years of criminal imprisonment, a sentence which could be increased by the aggravating circumstances retained (domestic violence, status as an elected official). At this stage, however, he still benefits from the presumption of innocence and must be considered as such.
In parallel with the criminal procedure, the retention or not of Nicolas Bazzucchi in his position as mayor raises questions. If he has not yet resigned, prolonged pre-trial detention could make it difficult to exercise his mandate. Revocation by reasoned government decree also remains possible, even if this procedure is extremely rare.
Crucial next steps
All parties are now anxiously awaiting the next legal developments. The defense intends to present its arguments before the Court of Cassation to obtain release, while the DCT investigation continues to try to clarify this extraordinary matter.
Beyond the fate of Nicolas Bazzucchi, this case could constitute a new test for the judicial institution, regularly accused of lacking firmness in the face of violence against women. The management of this case, from pre-trial detention until a possible trial, will be scrutinized with the greatest attention.
One thing is certain: this affair is far from having revealed all its secrets and still promises many twists and turns in the weeks and months to come. The town of La Penne-sur-Huveaune remains in shock and hopes for a rapid resolution of this issue which seriously tarnishes its image.
