Accused of murder, an 18-year-old young man released after a procedural flaw

by time news

2023-09-12 01:05:46

He will not return to prison until his trial. The young man indicted and then imprisoned for the assassination of an Afghan refugee last year in Colmar was released under judicial supervision due to a procedural error, we learned on Monday from a judicial source .

The pre-trial detention of the suspect, aged 18 but a minor at the time of the facts in August 2022, was extended by six months on August 11 by a judge of freedoms and detention without the report of the Judicial protection of young people which notably contains an educational proposal or measures promoting their social integration, although obligatory in this case.

It is this gap that the young man’s lawyer, Me Steeve Ruben, attacked before the investigating chamber of the Colmar Court of Appeal, who ruled in his favor on Thursday by ordering his release, under judicial control of his client.

“There are instructions to follow”

“The procedural error is unavoidable, it was therefore necessary to draw the legal consequences (…) According to the juvenile criminal justice code, the collection of socio-educational information is obligatory for a minor at the time of the facts, even when he became an adult,” the Colmar public prosecutor’s office was told, confirming information from regional daily newspapers. The Republican East and Alsace.

The young man, who admitted to being the perpetrator of the shooting but denied any homicidal intent, “was placed under judicial supervision. If he is sent back to the juvenile assize court and if he respects the obligations and prohibitions of his judicial control, he will not return to prison until the trial where he will appear free, this is the law. we added. “All defense lawyers work on procedural errors before looking at the merits,” said Mr Steeve Ruben, of the Paris bar. “There is a manual to follow and when that is not the case, our job is to bring it out.”

Four people in total, all adults, are indicted in this case: two for murder and two for complicity. Three are still in pre-trial detention. The facts were widely publicized at the time. On August 14, 2022, at the foot of a building in the Europe district of Colmar, an altercation broke out with a group of Afghans who were complaining about the excessive noise of a scooter. The alleged shooter then shot one of the members of the group, a 27-year-old Afghan refugee, before fleeing. He was arrested a week later in the Paris region.

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