Court of Saint-Malo: no lawyer, no trial

For lack of having contacted a lawyer, the defendant could not be tried by the court of Saint-Malo on Monday, September 5. ©Illustration News

The 31-year-old man was to be tried in immediate appearance on Monday September 5, 2022 for various thefts. In Finistère but also in Saint-Malo where he had stolen €132 and a few bottles on August 29 at the Bas Sablons bar.

No lawyer, no trial

Problem: the defendant, who had been released from police custody, has no lawyer to defend him. A serious problem that he did not anticipate but that the magistrate explains to him: “The court does not have the right to judge you without a lawyer”.

Remember that, a sort of accelerated procedure, immediate appearance allows a rapid judgment for simple cases. If the prosecutor decides to use this procedure, the alleged perpetrator must in return decide whether or not he agrees to be tried immediately. A decision that he must take in the presence of a lawyer.

Postponed to September 23

The defendant therefore sees his trial postponed to September 23, 2022. But until then the judges must decide whether to let him free or send him to pre-trial detention. The man has been living with his mother since a conviction for violence against his partner.

Three beers before coming to court

Without work, he consumes alcohol, drugs and cocaine excessively… He also drank three beers before coming. The court decides to leave him free, under judicial control. He has an obligation to undertake care until his judgment.

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