He is not done with justice. After the acquittal of a former border police major (PAF) prosecuted for violence against his ex-wife and children, the public prosecutor's office in Metz (Moselle) filed an appeal in cassation, the lawyer said on Saturday children, Me Jérôme Tiberi, who also filed an appeal. A third appeal was filed by the lawyer for the children's mother, Me Patrick-Alexandre Degehet.
At first instance, in July 2023, the police officer, Yves Milla, was sentenced by the criminal court of Thionville (Moselle) to 18 months in prison with a two-year probationary suspension as well as the withdrawal of parental authority. He was acquitted on Thursday by the Metz Court of Appeal. “This decision left me speechless,” said Me Jérôme Tiberi. “We are not in a situation where there is not enough evidence, on the contrary,” he thundered. However, the court of appeal acquitted him because it considered this violence to be legitimate. But this is based on a justifying fact which does not exist in positive law! ".
“A very bad message”
In its judgment, the Metz Court of Appeal does not discuss the violence against children, considering that the latter's speeches are "consistent and corroborated", but it justifies them on the basis of the existence of a "right of correction" which "is recognized to parents and currently authorizes the criminal judge to waive sanctioning the perpetrators of violence as long as they have not caused harm to the child, they remain proportionate to the breach committed and that they are not humiliating in nature. »
“If we start to exhume the right of correction on minors, next time we will exhume the right of correction of the husband on his wife? Here we jump back more than 40, 50, 60 years! », exclaimed Mr. Tiberi.
Coming to support the victim during the deliberations of April 18, LFI MP Charlotte Leduc denounced “a mind-blowing decision”. “It is a very bad message that French justice is sending to discourage police wives and their children from filing complaints. It says to others: don't even try! ".
“French justice could say to this little 13-year-old boy:
We believe you, we will do you justice
, and they did not do it. If he were to commit an irreparable act, justice will be responsible,” also pointed out a representative of the SOS Civil Servants Victimes association.