VIDEOSURVEILLANCE LEGAL
LexInter | May 4, 2004 | 0 Comments

VIDEOSURVEILLANCE LEGAL

1. On public action:

Whereas that was notified by the police services of Saint-Jean-de-Luz to Mr. Kevin P., on the instructions of the public prosecutor and within the time limits provided for by article 552 of the Code of procedure criminal, a summons to the hearing of April 25, 2002;

That, in accordance with article 390-1 of the Code of Criminal Procedure, this summons constitutes a summons to no one;

That the quote is regular;

That it is established that he had knowledge of it;

Whereas the accused appeared;

That it is necessary to rule contradictorily;

Whereas he is warned to have in Saint-Jean-de-Luz on August 17, 2001 in any case on the national territory and since time not covered by the prescription willfully violated the privacy of the private life of Miss B. Élise and Mr. Tony M., by fixing, recording without their consent, their image, while they were in a private place, in this case by filming them using a camcorder while ‘they were at MP’s home, an offense provided for by article 226-1, paragraph 1-2 ° of the Penal Code and punishable by article 226-1, paragraph 1, article 226-31 of the Penal Code;

Whereas it results from the elements of the file and the debates that the facts are established against the accused;

Whereas the defendant was not condemned during the five years preceding the facts for felony or misdemeanor of common law, to a penalty of imprisonment or imprisonment; that he can benefit from the suspension under the conditions provided for in articles 132-29 to 132-39 of the Penal Code, 734 to 736 of the Code of Criminal Procedure;

2. On civil action:

Whereas Mr. and Mrs. me B. Legal their minor daughter Elise Representatives, as civil parties;

Whereas their request is admissible and regular in form;

That their request tends to the condemnation of MP to the payment of the sum of 2,000 euros as damages;

And under article 475-1 of the Code of Criminal Procedure, the sum of 700 euros;

Whereas in the state of the justifications produced at the hearings, the Court has sufficient elements of appreciation to fix at 1 euro the sum to be allocated;

And under article 475-1 of the Code of Criminal Procedure, given that it is unfair to allow the civil party to pay the sums incurred by it and not included in the costs and expenses, the sum of 150 euros ;

Whereas MM Tony is a civil party;

Whereas his request is admissible and regular in the form;

That his request tends to the condemnation of MP to the payment of the sum of 2,000 euros as damages;

And under article 475-1 of the Code of Criminal Procedure, the sum of 700 euros;

Whereas in the state of the justifications produced at the hearings, the Court has sufficient elements of appreciation to fix at 1 euro the sum to be allocated;

And under article 475-1 of the Code of Criminal Procedure, given that it is unfair to allow the civil party to pay the sums incurred by it and not included in the costs and expenses, the sum of 150 euros ;

For these reasons :

Acting publicly and in the first instance,

Contradictorily with regard to MP Kevin;

1. On public action:

Declares MP Kevin guilty of the facts with which he is accused;

Sentenced, P. Kevin to a fine of 1,000 euros;

Holds that the execution of the fine that has just been pronounced against him will be suspended. The president, in application of article 132-29 of the Penal Code, having warned the convicted person that, if he commits a new offense, he may be the subject of a new conviction which may lead to execution. of the first conviction without confusion with the second;

2. On civil action:

In a judgment inconsistent with regard to Mr. and Mrs. me B., in his capacity as legal representatives of their minor daughter Elise.

By contradictory judgment with regard to Mr. Tony M.

Receives Mr. and Mrs. me B., in his capacity as legal representatives of their minor daughter Elise in their civil party;

MP condemns and to pay Mr M me B. Sc legal representatives of their minor daughter qualities Elise the sum of 1 euro in damages;

And under article 475-1 of the Code of Criminal Procedure, the sum of 150 euros;

Receives MM Tony in his constitution of civil party;

Orders MP to pay MM Tony the sum of 1 euro in damages;

And under article 475-1 of the Code of Criminal Procedure, the sum of 150 euros;

This decision is subject to a fixed procedural fee in the amount of 90 euros for which the convicted person is liable. All in accordance with articles 406 and following and 485 of the Code of Criminal Procedure and the aforementioned texts.

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