Décision 2020-886 QPC - M. Oussama C. [Information du prévenu du droit qu'il a de se taire devant le juge des libertés et de la détention en cas de comparution immédiate], 04-03-2021
Case Outcome | Non conformité totale - effet différé - réserve transitoire |
Appeal Number | 2020-886 |
Court | Conseil Constitutionnel (France) |
Docket Number | CSCX2107339S |
ECLI | ECLI:FR:CC:2021:2020.886.QPC |
Official gazette publication | JORF n°0055 du 5 mars 2021, texte n° 96 |
Procedure type | QPC |
Record Number | CONSTEXT000043231516 |
Au vu des textes suivants :
- la Constitution ;
- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;
- le code de procédure pénale ;
- la loi n° 2019-222 du 23 mars 2019 de programmation 2018-2022 et de réforme pour la justice ;
- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;
Au vu des pièces suivantes :
- les observations présentées pour le requérant par la SCP Anne Sevaux et Paul Mathonnet, avocat au Conseil d'État et à la Cour de cassation, enregistrées le 23 décembre 2020 ;
- les observations présentées par le Premier ministre, enregistrées le 28 décembre 2020 ;
- les autres pièces produites et jointes au dossier ;
Après avoir entendu Me Paul Mathonnet, avocat au Conseil d'État et à la Cour de cassation, et Me Neiller pour le requérant, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 23 février 2021 ;
Au vu des pièces suivantes :
- la note en délibéré présentée par la SCP Anne Sevaux et Paul Mathonnet enregistrée le 25 février 2021 ;
- la note en délibéré présentée par le Premier ministre, enregistrée le 1er mars 2021 ;
Et après avoir entendu le rapporteur ;
LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article 396 du code de procédure pénale dans sa rédaction résultant de la loi du 23 mars 2019 mentionnée ci-dessus.
2. L'article 396 du code de procédure pénale, dans cette rédaction, prévoit :« Dans le cas prévu par l'article précédent, si la réunion du tribunal est impossible le jour même et si les éléments de l'espèce lui paraissent exiger une mesure de détention provisoire, le procureur de la République peut traduire le prévenu devant le juge des libertés et de la détention, statuant en chambre du conseil avec l'assistance d'un greffier.
« Le juge, après avoir fait procéder, sauf si elles ont déjà été effectuées, aux vérifications prévues par le huitième alinéa de l'article 41, statue sur les...
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