His approach to problems is quite different

Thierry Wickers was re-elected at the head of the national Council of the bars (NBC) on January 15 after a first term of one year. It represents 50,000 lawyers practicing France.

One year after your election to the head of the national Council of the bars, what results are you getting of the year 2009

The creation of the Act of counsel is one of the highlights of the year 2009 for our profession. Do not forget the clean break linked to Michele Alliot-Marie arrived in the Chancellery. His approach to problems is quite different. The new keeper of the seals came especially to resume the threads of dialogue and it is involved in the resolution of the conflict with the notaries with success. The NBC itself, the big change last year was the integration as Vice-Chairpersons of the NBC of the bar of Paris and the President of the Conference of the Presidents. This function now returns them right, allowing us to have a constant dialogue. We still have much progress to make to weigh into the debate, but we are on the right road.

Will the reform of the current criminal procedure devote new rights for defence

It is difficult to decide on a text that is not yet known, but can still guess a few guidelines. The head of State had spoken of "habeas corpus" to the French a year ago. We can only welcome but this implies a profound reform of the regime of custody. From a constitutional point of view, how depriving someone of his liberty without the intervention of a judge independent. However, today, that decides the placing in custody A police officer. Who decides the extension An attorney who is not an independent judge. This problem of unconstitutionality also takes a new terrain with the introduction of the priority issue of constitutionality, which comes into force on March 1. Any citizen can now seize the Supreme judges on this point and this at the stage of the trial.

The introduction of a regime of free hearing for less serious offences it seems you satisfactory

It is a pretexting. That happens if at the end of the open hearing, where the lawyer is not present, it decides to place you in custody The intervention of counsel will be offset for four hours. It is anything but a step forward. In fact, proposed us a kind of sandwich: no lawyer for cases which are not serious and not counsel for the most sensitive cases, such as terrorism. Only average severity cases open right to the presence at the outset of the custody of the lawyer. It is not as inconceivable that this right: whatever the nature of the charge, we should be able to defend himself.

Is the disappearance of the investigating judge acquired according to you

For the NBC, there is no taboo on the subject, one can design a system without an investigating judge. Indeed today, it is present in only 4 of the business. But we wish that the rights of the defence are insured in 100 cases. A central point of the reform will be the status of the new judge of the investigation and freedoms, its prerogatives and its means to fight against the possible inertia of the Prosecutor's Office. But we think a scenario of reform to constant constitutional law, i.e. without change in status of the Prosecutor's Office.