Challenges in Sentencing for Brussels and Paris Attacks: Legal Analysis and Verdict Considerations

2023-09-06 11:19:34

The lawyers for Salah Abdeslam and Mohamed Abrini affirmed on Wednesday, before the Assize Court in charge of the attacks of March 22, 2016 in Brussels, that the jury might not pronounce sentence once morest their clients because of the previous sentence imposed on them for their involvement in the attacks of 13 November in Paris. Conclusions have been filed to this effect and the court withdrew to decide whether it considers itself competent to decide the question or whether this choice is up to the college, that is to say the group composed of the court and the jury.

The objective of the defense is to apply code 62 of the penal code which stipulates that in the event of a combination of crimes (several offenses committed before one of them is judged) the heaviest penalty is applied. However, according to Mes Paci and Bouchat for Salah Abdeslam and Mes Eskenazi and Pinilla for Mohamed Abrini, the heaviest sentences are those imposed during the trial of the attacks in Paris.

According to Me Paci, condemning Salah Abdeslam twice to life imprisonment would therefore be illegal.

The public prosecutor had requested life imprisonment the day before for the six men convicted of murder and attempted murder in a terrorist context. In his argument, he had mentioned an “ideal contest of offenses” (all the offenses were committed with the same idea, with the same motive) for the attacks in Paris and Brussels as well as for the shooting in the rue du Dries. . According to him, in this case, the penal code stipulates that the judge must not take into account the convictions pronounced abroad.

Read also Trial of the Brussels attacks: a nuanced and reasoned verdict, the result of extraordinary deliberation

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