Acquittal of Alleged Assault Charges at Rugby World Cup Tournament
KANGS has successfully defended our client who faced assault charges arising from an altercation in Marseille, France, where he was attending the Rugby World Cup Tournament 2023.
Following the incident, our client, a successful business man, was arrested and detained for forty-eight hours by the French police. The Team at KANGS was instructed to prepare our client’s defence for submission by his advocate at the Trial in France.
Helen Holder of KANGS provides a summary of the work undertaken on behalf of our client, commenting on the criminal legal system operated in France.
Circumstances that led to assault charges
Whilst our client was in Marseille with family and friends, they were confronted a few yards from their hotel, by an aggressive group of young men who supported a rival country which was competing in the competition.
Following an incident, our client was aggressively arrested and interviewed by French police. The Prosecution alleged that our client was the instigator of a fight which resulted in two assailants receiving hospital treatment.
Prosecutors sought to rely on Article 222-13 clause 14 of The French Penal Code which states:
‘By a person acting in a state of obvious intoxication or under the obvious influence of narcotic products’
Our client was charged with an offence under Article 222-13 of the French Penal Code i.e., violence resulting in incapacity for work of less than or equal to eight days or not resulting in any incapacity for work. This offence is punishable by up to 3 years imprisonment and a fine of €45000.
At all times, our client vehemently denied the allegations of assault, emphasising that he was simply acting in self-defence.
The French Legal System
As is to be expected, the French Legal system differs significantly from that of the UK. Accordingly, for the proper protection of our client, it was essential that he was represented by experienced French counsel.
By way of interest:
- Criminal offences in France are broken down into three classes: petty offences, misdemeanours and felonies, (an assault is classified as a misdemeanour).
- The French Legal system is inquisitorial (similar to that of the approach taken in the Coroner’s Court in the UK) rather than adversarial.
- Before trial, Judges will review all the available evidence including that which would be excluded in the UK as hearsay.
- Cross examination is very limited as the evidence has already been assembled and considered.
- Proceedings involve a Judge-led inquiry seeking to ascertain whether or not the evidence is sufficient to support conviction, with the Defence and Prosecution advocates setting out their positions. This differs to the UK procedure whereby a Jury determines, upon the evidence provided, whether or not a defendant is guilty of the charges ‘beyond reasonable doubt.’
How We Assisted Our Client
By way of preparation for Trial in France, the Team at KANGS:
- attended our client taking full details of the events and advising upon the appropriate course to adopt to present his defence in France,
- contacted witnesses supporting our client and obtained their detailed Witness Statements,
- identified and instructed appropriately skilled French counsel to represent our client in court hearings in France,
- arranged all necessary meetings with French counsel and provided him with all requisite documentation,
- assisted with all necessary translation services in view of concerns over the accuracy of the translations relied upon by the French Police,
- advised as was appropriate throughout the course of the defence preparation.
How Can We Assist You?
Our client was delighted when his claims of innocence were validated by an acquittal on the assault charges brought against him. The experience of being arrested, detained, and facing criminal proceedings in a foreign country proved to be daunting, confusing and extremely stressful to our client.
The experienced Team at KANGS meticulously organised, prepared and provided our client’s French advocate with all the necessary material to present a robust defence before the French Court, leading to this excellent result.
Our Team regularly supports clients involved in proceedings raised in foreign jurisdictions and is accustomed to traveling across the globe in relation to criminal litigation matters.
Should you become involved in any form of proceedings in a foreign jurisdiction and need assistance, please do not hesitate to contact us. Please feel free to contact our Team using the details below as they will be delighted to hear from you.
Tel: 0333 370 4333
Email: info@kangssolicitors.co.uk
We provide initial no obligation discussion at our three offices in London, Birmingham, and Manchester. Alternatively, discussions can be held through video conferencing or telephone.
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