Suspected of burglary, four individuals released for a gross procedural defect

The case was incredible, it ends in blood sausage. On the night of December 29 to 30, four individuals were arrested by the police, suspected of an attempted burglary in a building on rue Jean-Sans-Peur, in Lille. However, during the trial which took place in early February at the Lille court, the entire procedure was canceled and the four suspects released. Back to a judicial and police fiasco.

The four climbers had obviously prepared their move well. Well almost. On the morning of December 29, two strangers pretend to be roofers who have come to carry out work on a building where a couple in their eighties live. The retiree opens the door for them and the “craftsmen” get to work before leaving.

fake locksmith

Already the victim of a theft by trickery, the 87-year-old lady then discovers that her keys have been stolen. Neither one nor two, she brings in a locksmith who changes the lock in the afternoon. It was without counting the stubbornness of the thieves. One of them recontacts the retiree, claiming to be the son of the locksmith who needs the new keychain. The scheme works and, in the night, the team returns to seize a safe.

Except that the burglars hadn’t planned everything. In particular that the famous safe did not fit in the elevator. They are picked up by a police patrol in flagrante delicto. And that’s when the process goes off the rails.

45 minute delay

The four suspects are handcuffed around midnight. However, none of the police officers has the reflex to place them in police custody, as required by the code of criminal procedure. “They will only be arrested 45 minutes later, without this delay appearing justified by the circumstances of the arrest, says the lawyer for one of the defendants to 20 minutes. On the contrary, the police used this time to make findings, take statements or even question files and take photos. »

A dumpling that the judge did not hesitate to sanction during the hearing. Two of the defendants had been remanded in custody and the other two under judicial supervision on 31 December. A month later, everyone emerged free from the court without the merits of the case having been discussed.

“It is extremely rare to see such a gross procedural error, testifies a lawyer. From the moment a suspect is handcuffed and deprived of his freedom, he must be placed in police custody to benefit from the rights to defend himself. »

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