Ariège: the defendant wants to be tried immediately, his lawyer requests a psychiatric expertise

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A 45-year-old man was to be tried by the judicial court of Foix, in Ariège, under the immediate appearance regime, Thursday, November 10, 2022. He wanted it but his lawyer requested a psychiatric expertise. A request accepted by the court, which withdrew twice for the same case.

Correctional hearings sometimes hold surprising stories. The judicial court of Foix, in Ariège, had a new experience of it, Thursday, November 10, 2022. The immediate appearance hearing, usually scheduled for Friday, was this time brought forward by one day, commemorations of the armistice of the Great War (therefore public holiday) oblige. With exceptional programming, singular process.

“I want to be tried today” assures the defendant

Extracted from his cell in the Foix remand center, where he is in pre-trial detention, a 45-year-old man enters the defendants’ box. Relaxed look, chin high, this resident of Pamiers is first prosecuted for having transported a category D weapon without legitimate reason (namely a large knife) then outraged and threatened four police officers on November 6, 2022 in Pamiers. Jumble of sexual remarks targeting the progenitors of the four officials, their alleged homosexual orientation as well as their “race”. This one would then have uttered death threats of the style “I will find you and kill you, you will die”. A misdemeanor allegedly committed as a repeat offence. The reasons why he was appearing under accelerated procedure.

But he is also accused of the degradation of property belonging to others and the carrying without legitimate reason of a category D bladed weapon (again, a knife), on April 2, 2022, still in Pamiers.

As is customary in these cases, the president first addressed the respondent, asking him if he agreed to be tried immediately. Ms. Lazare had to try several times before making herself understood correctly, the defendant explaining that he did not hear the magistrate’s words well. “I am summoned today, I want to be judged today,” he ended up answering.

“The question of his discernment arises”, for the lawyer

An injunction which was not followed by his counsel, Me Hugues Casellas-Ferry. “I have the feeling that the question of the abolition or the alteration of his discernment arises”, simply raised the Ariège lawyer, thus requesting a psychiatric expertise and, de facto, the postponement to a future hearing. A possibility not really questioned by the prosecutor Jean-Paul Lescat, who added however: “I am ready to take the file as it is.”

“What do you think of your lawyer’s request to submit you to a psychiatric examination?” Sun-Yung Lazare therefore asked the defendant. “No problem,” he retorted laconically, after having the question repeated twice.

The judges withdrew for the first time before granting the request for a psychiatric expertise. A second difficulty then arose. The alleged attacker should go back to detention pending a new trial. Yes, according to the prosecutor, “given the sentences already served for violence and the problems of guaranteeing representation during the expertise and the next hearing”. The defense simply observed that “the facts are generally accepted and that the threats and insults were made while my client was drunk. He is not someone who, without alcohol, is threatening”, he said. point.

A psychiatric expertise requested, a report approved

After a second deliberation in a few minutes as required by the procedure, the court granted the request for postponement to grant the request for a psychiatric expertise to determine a possible alteration or abolition of discernment. A continued detention was pronounced “in the face of the risk of repetition of the facts and to have the assurance of representation during the expertise”, argued the president of the court. Appointment is given on December 16, 2022 at 11 a.m.

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