This step legal was highly anticipated by the plaintiffs who challenged the security device deployed at the festivities of 14 July, but the prosecutor of Nice, Jean-Michel Priest felt that he could not hold on to “no fact of nature to incur any criminal liability against anyone who“.
The criminal code provides for up to five years imprisonment, but “for the criminal offence is constituted, it should not simply have been reckless, or have committed an error, but he must have been aware of a substantial risk, that the coverage of this risk has been provided and that the responsible person has consciously decided that it would do nothing. This is not what has been found in this case“, the prosecutor stressed at a press briefing.
if Replying in advance to the objections of the bereaved families, Mr. Priest emphasized that its decision was subject to appeal. “They may file a complaint with constitution of civil party before an investigative judge or a criminal court“, he said. They may also return in front of the administrative courts or civil.
on The evening of the attack, more than 30,000 people attended the fireworks when Mohamed Lahouaiej Bouhlel, a Franco-Tunisian 31 years of age, was dark in the crowd with a truck. The attack was claimed by the group islamic State for France to fight in Iraq and Syria.
- “all posts of security required” –
The hypothesis of an attack with a truck had been considered for the Euro 2016 football, especially on the part called the Fan Walk, but not for the night of July 14: “The affected services are not passed on to security officials here, the indications relating to an individual’s risk of type car or truck-ram,” said Mr. Priest.
Among the complaints addressed to the prosecutor of Nice, the lawyer of the parents of a 4 year old child killed in the attack, the small Yanis, Me Yassine Bouzrou, aimed, in particular, “the default implementation checks the movement of heavy-duty” at the edge of the Promenade des Anglais.
The complaint noted that the driver of the truck was visited eleven times on the Walk between 11 and 14 July with its heavy-load of 19 tonnes, maneuvering several times on the walkway and pretending to deliver the goods. It was even parked on the pedestrian part of the Promenade, at the height of the Negresco hotel, flagship hotel in Nice, close to the attack.
“it turns out that It’s not a Nice or otherwise enacted legislation prohibiting completely the movement of a particular vehicle type. The orders are targeted trucks in-transit (not the supply, editor’s note). The fact that there is a truck of 19 tons on the Promenade does not offend against the law and it is not obvious why the service of video surveillance should have been cause for alarm,” replied the prosecutor.
On this point, the city of Nice has, therefore, welcomed in a statement that”no offence has been committed by the agents of the municipal police located in the center of supervision urban“.
A controversy had opposed the local representatives to the government concerning the number of officers in the faction, the lack of concrete blocks and police cars to block off the streets adjacent to the Promenade. “Me, what I have found is that all security posts were required and that there was no hole,” said the prosecutor.