The investigative chamber of the Douai Court of Appeal considered that the alleged facts of illegal taking of interest worth Richard Ferrand an indictment were prescribed. It is in particular on this question that the defense of the President of the National Assembly had seized the chamber of the instruction of the Court of Appeal, after a refusal of the investigating judges of Lille. The latter considered an answer to this question “premature”.
“Independent magistrates have ruled”
In matters of illegal taking of interest, the statute of limitations occurs after three years. In the case of Mutuelles de Bretagne, these date back to January 2011. This prescription could only be broken if a desire to hide the facts (to hide that Richard Ferrand’s partner was the owner of the property offered for rental) was demonstrated. The magistrates of the investigating chamber considered that this was not the case. Four directors said Richard Ferrand informed them, along with several other Mutual executives. “I am delighted that the law has been said again in this case. The independent magistrates of the Investigation Chamber of the Court of Appeal confirm in this the decision of the public prosecutor of Brest, on which we had cast doubt, on the pretext that his status of prosecutor did not guarantee his independence! “
Anticor “is considering an appeal in cassation”
Is this decision binding on the investigating judges seized in this case? “Yes, it is even very well-argued and therefore opens the way to a dismissal”, affirms to the Telegram Me Paul-Albert Iweins, lawyer of Richard Ferrand. Unless Anticor contests it by appealing to cassation (and the highest court considers the judgment unfounded in law). “We are considering it,” confirms Anticor’s lawyer, Me Jérôme Karsenti, in Telegram, who says he is “surprised” by the decision of the magistrates of the investigating chamber. “Neither the national financial prosecutor’s office, nor the investigating judges, nor even the public prosecutor thought that the facts were prescribed. And eight out of twelve directors said they did not know the identity of the owner of the premises and her ties to Richard Ferrand. “
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