Les mensonges de Gérard Collomb devant la commission d’enquête c’est théoriquement 5 ans de prison et 75 000 € d’amende

Auditionnés lundi 23 juillet devant la Commission des lois, deux protagonistes du dossier Benalla ont prêté serment avant de prendre la parole.

« Je jure de dire toute la vérité et rien que la vérité ». C’est en ces termes que le ministre de l’Intérieur Gérard Collomb et le préfet de police de Paris Michel Delpuech ont prêté serment lundi 23 juillet, lors de leur audition dans l’affaire Benalla devant la Commission des lois.

Un engagement solennel qui, s’agissant de Gérard Collomb, n’a vraisemblablement pas convaincu dans les rangs de l’opposition. « Mensonge d’Etat », a notamment accusé le questeur de l’Assemblée nationale et député LR Eric Ciotti. « Tissus de mensonges », a fulminé le fondateur du parti Génération.s., Benoît Hamon.

« C’est un embrouillamini » : des députés réagissent à l’audition de Collomb dans l’affaire Benalla

Mais alors, à supposer que ces accusations se révèlent exactes, que risque celui qui se rend coupable de parjure ?

Une sanction théorique

Le témoignage mensonger est encadré par l’article 434-13 du Code pénal. Il y est précisé que le fait d’omettre des faits ou de mentir sciemment « devant toute juridiction ou devant un officier de police judiciaire agissant en exécution d’une commission rogatoire est puni de cinq ans d’emprisonnement et de 75 000 euros d’amende. »

Dans la pratique toutefois, il est extrêmement rare qu’une personne auditionnée sous serment fasse l’objet d’une condamnation pénale.

A ce jour, le seul cas connu est celui de Michel Aubier, condamné en juin 2017 à six mois de prison avec sursis et 50 000 euros d’amende pour avoir menti devant les sénateurs sur ses relations avec Total. Une décision inédite qui voyait, pour la première fois en France, la justice condamner une personne pour « faux témoignage » devant la représentation nationale.

Source : Le Parisien
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