Female by Chahinez Daoud: With altered discernment, can the ex-husband be condemned?

Female by Chahinez Daoud With altered discernment can the ex husband

The trial of the assassination of Chahinez Daoud, a died burned vive in May 2021, begins this Monday, March 24. The ex-husband of the victim, who denies having intended to give death, incurs criminal imprisonment in perpetuity unless …

He shot him before spraying it with petrol and setting it off. This Monday 24, March 24, the trial of Mounir Boutaa, accused of having killed his ex-wife, is open, Chahinez Daoud Morte Brûlée Vive, on May 4, 2021 in front of his home in Mérignac, near Bordeaux. The 48 -year -old man is tried for “assassination” until Friday, March 28 before the Gironde Assize Court.

Arrested after the death of Chahinez, Mounir Boutaa. had been placed in police custody and had then declared to the investigators that he wanted to “burn” his ex-wife, “leave her traces” by burning her “a little” and “tell her for her life”, but had denied any desire to kill the mother of three and any premeditation of the facts. He only assured try to “punish her […] For all the harm she and justice [lui avaient] made “by having him condemned for domestic violence, wrongly according to him.

The forties had actually been sentenced to eighteen months in prison, including nine suspended probationary in June 2020 and had since banned from contact with his wife after having strangled her and threatened with a weapon. Before that, Chahinez Daoud had several times reported violence with four current hands deposited in February 2018 and June 2020. Reports which had continued after the incarceration of Mounir Boutaa, six months long between June and December 2020: three complaints had been filed by the mother against her ex-husband in June and August 2020, then in March 2021, less than a month before his murder.

“A paranoia” and an altered discernment

The couple had married in 2015 when Chahinez Daoud lived in Algeria with two children born from a previous union and Mounir Boutaa lived in France and had divorced his first wife, who said he also suffered the violence and the grip of the jealous man. The young mother had definitely settled in France in 2016, the year of the start of domestic violence and a psychological grip according to the testimonies collected by Franceinfo. Mounir Boutaa’s conviction had not changed anything and, on the contrary, had aggravated the situation. The couple began to live together at the liberation of man, despite the ban on getting into contact, then separated in March at the time of the filing of the third complaint for violence. Hearing, the man had complained about the alleged infidelities of his spouse. The forties who had lived in his sister since the separation had convinced himself that Chahinez had adulterous relationship with a fictitious lover.

Mounir Boutaa’s obsession was understood by psychiatrists as a “paranoia” capable of altering his discernment. A detail that the lawyers of the accused will remind the trial. “We are going to judge someone whom the experts consider an altered person, who has an altered discernment,” said Anaïs Duvot and Elena Badescu Bfmtv : “The experts spoke up and they considered that he was not in normal state” during the murder of Chahinez. Psychiatrists, however, assured that this element did not erace the accused’s criminal responsibility.

The alteration of discernment is not a circumstance which prevents a person from being condemned – unlike the abolition of discernment -, but it can lead to a reduction in the penalty according to theArticle 122-1 of the Criminal Code. In this case, Mounir Boutaa faces life imprisonment for the assassination of Chahinez Daoud, but the alteration of discernment can lower the maximum sentence to thirty years in prison.

Voluntary homicide or assassination?

Chahinez’s death was first considered a “voluntary homicide” before the evening investigation requalified in “assassination”. The first accusation recognized the intention of killing without premeditation, while the second implies that the murder was premeditated. Mounir Boutaa maintains that he had never intended to kill his ex-spouse. His lawyers cannot ignore his confessions on the desire to injure Chahinez, but they hang on to other statements to defend him: “What he explained to the Court is that he had not premeditated his gesture, and that that day, when he went to the home of Chahinez Dadoud, he always said that he had not intended to be formed in the life of his former

Opposite, the lawyer for Chahinez’s family, Me Julien Plouton, argues that there was an “intention to kill” who “pre -existed to meet May 4”. The lawyer provides on Bfmtv That Mounir Boutaa had “the will” to kill someone, to kill a woman, to erase her, to annihilate her, to punish her, to punish her “.

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