Understanding Article 62: Salah Abdeslam’s Defense and the Brussels Assize Court

2023-09-07 13:22:16

Salah Abdeslam’s lawyer, Me Delphine Paci, argued Thursday morning before the Brussels Assize Court that it has the obligation to apply article 62 of the Criminal Code concerning his client. For her, the non-application of this article would be an obvious reason to appeal to the Court of Cassation.

Abdeslam’s defense maintains again and again that article 62 is applicable in his case. This stipulates that in the event of a combination of crimes (several offenses committed before one of them is judged), the heaviest penalty applies. “It is not a choice, you are judges and you have the obligation to apply it, otherwise your judgment will not pass the bar of the Court of Cassation”, pleaded Me Paci. “I ask you for the application of the law, I ask you for a repression equal to a man who has only one life and I ask you to abandon revenge for the benefit of justice”, a- she concluded.

Read also Trial of the Brussels attacks: Salah Abdeslam reaffirms his desire to stay in Belgium

In the alternative, the litigant requested that mitigating circumstances be retained in the case of Abdeslam, which would automatically imply lowering his sentence below the legal minimum provided for the crimes of which he was convicted, i.e. below 30 years in prison. Mr. Paci mentioned among these circumstances the “journey of ideological commitment” of Salah Abdeslam “who is linked to his brother [Brahim Abdeslam, mort en kamikaze à Paris] “. She also cited “his exceptional conditions of detention”, adding, moved: “I don’t know how a rule of law can apply that”.

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