NewsWorldPPDA: prosecution could be initiated despite the prescription -...

PPDA: prosecution could be initiated despite the prescription – France Inter

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In her book “Impunit”, published in Seuil, journalist Hélène Devynck, one of the women to have filed a complaint against Patrick Poivre d’Arvor for sexual assault or rape, tells her story and those of a dozen other complainants. . The title “Impunity” refers to the classification without follow-up pronounced by the justice in June 2021 due to prescription. But at the beginning of the summer, the Versailles Court of Appeal canceled the effects of these classifications without follow-up and asked the investigating magistrates to re-examine the question of prescription despite the age of the facts, invoking “seriality”, a very rarely used legal argument. It is in one of the two investigations which target the former presenter of TF1 that the magistrates unearthed a case law of the Court of Cassation which calls into question the almost automatic nature of the prescription. By examining the facts denounced by the writer Florence Porcel, the first complainant against PPDA, namely forced sexual intercourse in 2004 and another in 2009, the judges concluded in June 2021 that only the second offense could be the subject of investigation, the first being mathematically prescribed to have taken place in 2004, more than ten years before the filing of the complaint. An exception that could validate cascading complaints But on June 28, the investigating chamber of the Versailles Court of Appeal invoked this case law of the Court of Cassation dating from 2005, indicating that if facts apparently prescribed are fall within a specific link with other non-prescribed facts, justice can still investigate. In the definition of this specific link, it must be established in particular that it is the same perpetrator, a similar modus operandi, and the same victim profile. The Court of Cassation thus indicates to the magistrates investigating the complaints of Florence Porcel that they must re-examine the facts of 2004 without only worrying about the date but by seeking whether there is this seriousness of the denounced acts, which could allow them not to pronounce classification without further action. Similarly, if in the other investigations initiated against PPDA following the complaints received in the wake of those of Florence Porcel, a precise link can be established with the only act that is not currently prescribed, then all the complaints filed against the former journalist could be retained without worrying about the dates of the offences. Seriousness would thus prevail over prescription and the magistrates could, in the long term, if they consider the charges sufficiently supported by the other elements of the file, to initiate proceedings and refer PPDA to a court or an assize court, even for facts dating back more than ten years.

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