Composition de la juridiction Président M. Charruault Rapporteur M. Jessel Avocat général M. Pagès Page 3 sur 3

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Cour de cassation première chambre civile - 04.05.2012

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Case Description: The case arose during the high-profile criminal trial of the so-called "Gang of Barbarians" (Gang des barbares), a case known for its extreme antisemitic violence. An attorney involved in the case, M. X, gave an interview to the magazine Le Nouvel Observateur in which he referred to the Advocate General, M. Y, as a "genetic traitor" (traître génétique). This remark was a reference to the fact that the magistrate's father had been a collaborator during World War II and was convicted at the Liberation. Disciplinary proceedings were initiated against the attorney. The Paris Court of Appeal (March 24, 2011) initially cleared M. X, arguing that his "violent remarks" did not constitute a breach of honor or delicacy given the "particular circumstances" of the case. The lower court viewed his comments as a response to the Advocate General's own conduct, specifically a question the magistrate had asked the main defendant in court: "Don't you believe that by the outrance of your remarks... you risk making antisemitism odious?" The Court of Cassation overturned the acquittal: By attacking the magistrate’s moral integrity through his family history, the attorney failed to uphold the "essential principle of delicacy" (principe essentiel de délicatesse) which is mandatory for lawyers in all circumstances.

Article 6 de la Convention européenne des droits de l'homme; Article 15 du décret n° 2005-790 du 12 juillet 2005

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Latitude: 48.85647964477539

Longitude: 2.34421706199646

cour-cassation-premiere-chambre-civile-4-mai-2012-n-11-30193.pdf
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