The Allier Assize Court was scheduled to meet from March 16 to 27 at the Moulins Court. But this spring session was canceled due to the coronavirus epidemic.
Compliance with health regulations
An order taken on May 7 by Sophie Degouys, first president of the Riom Court of Appeal since last March, has decided to temporarily relocate the Allier Assize Court to the seat of the Montluçon court, where four cases (none in the Montluçon sector) will be judged.
The Montluçon court would be more suitable than that of Moulins to enforce health regulations.
This “historic” relocation of the Assize Court (*) – Maurice Brun, former lawyer and former mayor of Montluçon, does not remember having known this “from lawyers’ memory” (our May 14 edition) – is not unanimous among the professionals of justice of the region.
A very delicate subject
“This is a very delicate subject,” said Dalila Zane, president of the Moulins court, who does not comment on this decision. She underlines: “It is only an ad hoc decision and the next sessions of the Assize Court will take place in Moulins”.
On a practical level, this relocation will have no impact on the functioning of the Allier prefecture court.
“The two magistrates delegated to President Talenti by the Riom Court of Appeal in Montluçon are not from the Moulines. This does not change anything for prosecutors (magistrates representing the prosecution, defending the interests of society). Those from Cusset and Montluçon usually come to Moulins. Vichyssois and mouliniers parquetiers will go to Montluçon. We manage our business inventory, which is important due to the lawyers’ strike and confinement. “
The Montluçon court will host the next session of the Allier conference
photo Florian Salesse
A problem for litigants
Only the clerk is affected by this relocation. “The clerk of the Moulins court will be delegated for fifteen days to Montluçon”. For Yann Bielak, who lives between Moulins and Montluçon, “it will only be a quarter of an hour more, with financial compensation”.
A historic first?
As for lawyers, Me Dominique-Jean Lardans is surprised: “It is surprising. I’ve never known that in 42 years of bar service. ” The lawyer from Moulins is a civil party, representing an octogenarian yzeurienne, in the main case of this session of assizes, a case of attempted murder and attempted assassination.
“This poses a travel problem for my 82-year-old client,” he said, adding: “The Robert-Badinter room in Montluçon is much smaller than the Moulins seating room. There would not have been any problem of distancing for the jurors, who could walk without going outside and deliberate in the lawyers’ library. I hope Moulins will recover the criminal court “.
Last minute decision
For Me Carole Grellet, her sister, civil party for a second victim in the same trial, “this relocation is a surprise. I do not understand. This complicates matters, for this sensitive and trying affair. My client will have to go back and forth Moulins-Montluçon (140 km round trip). We have to manage this relocation at the last minute ”.
Pascal Larcher
The Assize Court
New designation, since 1810, of the criminal courts created during the French Revolution, the Assize Court is a departmental jurisdiction competent to try those accused of having committed a crime. The crimes being the most serious offenses (assassination, murder, poisoning, abduction, rape, armed robbery, etc.). The Assize Court always meets at the capital of the department (except when the department has a court of appeal, as is the case for Riom, in Puy-de-Dôme). It includes the court – the president and his two assessors, professional magistrates – and the popular jury made up of juries (six at first instance), drawn by lot from the electoral lists.
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