Nordal Lelande’s trial for the murder of little Maelis will begin on January 31st. He faces a life sentence, but not an indefinite life sentence, but what exactly does that mean?
From January 31 to February 18, Nordal Lelande will be tried in the Grenoble jury for the kidnapping and murder of little Maelis. He faces a life sentence.
He is on trial for the murder of a little girl on August 27, 2017 at a wedding. He confessed on February 14, 2018, and the girl’s body was found.
As the trial approaches, many say that even if Nordal Lelandays is sentenced to life in prison, he can get out of prison when he turns 55… What is it really?
1. Penalties are not cumulative
Nordal Lelandays has already been convicted of murder Corporal Arthur Neuer in May 2021 by the Savoy Assize Court in vtwenty years in prisonwith a two-thirds safety period.
sentences in France are not cumulative. That is, they do not add up. The most severe punishment is applied.
On this occasion, Me Fabienne Rajon, lawyer for the Maelis maternal family, clarified on Monday, January 17, on the Touche Plateau, and not at My post, Cyril Hanouna’s message on C8: “The conviction of Nordal Lelande for the murder of Maelis will not be added to the twenty years of his conviction for the murder of Arthur Neuer.
“Penalties do not accumulate, they mergein other words, we take on the biggest penalty.”
2. What is the harshest sentence in France?
In France, the heaviest sentence in an indictment is life imprisonment, with a safety term that can range from 18 to 22 years.
This means that after the expiration of the security period, the convicted person may demand a change in the sentence and, in particular, his release, but not before the end of the security period.
During the security period, the convicted person cannot benefit from the correction or commutation of the sentence.
However, after the adoption of the 1994 law No. in some specific cases, prison sentences may be extended beyond 22 years.. And especially up to thirty years what is called incompressible eternity, according to Le Figaro.
3. Several cases of incompressible life imprisonment in France
Only four people were sentenced to this sentence in France.
There were Pierre Bodin, known as the “Mad Pierrot”. sentenced to this sentence in 2007 by the Strasbourg Assize Court, Michel Fourniret, ogre of the Ardennes in 2008, but after death, Nicolas Blondio in 2015 for the murder and rape of a young Ocean in Garda in 2011 and Yannick Luende-Botelo in 2016 for the rape and murder of 14-year-old Marion in 2012.
Christian Beaulieu, He was sentenced to this sentence in 2007, but it was commuted on appeal.
4. Why is Nordal Lelandice not subject to a so-called “incompressible” life sentence?
To be eligible to be subjected to an incompressible life sentence, one must meet several conditions.
Only four cases: during the murder of a minor under the age of 15 and that it is accompanied by “rape, torture or acts of barbarity” ; when killing a person holding public office, and in the performance of his functions; in the case of an organized gang killing of a person holding public office and in the case of a terrorist offence.
However, in the case of Maëlys, rape was not saved in the qualification.
Me Fabien Rajon, lawyer for Maëlys’ maternal family, spoke about this on the set of C8: “Indeed, in the state of criminal qualification that was kept by the investigators who were very careful in this file”, there can be no possible conviction after 22 years of security.
Moreover, the lawyer did not fail to express his opinion: “The judges, perhaps, could be bolder and to consider other qualifications, I mean, in particular, qualifications related to the sexual abuse of little Maelis. It was not their choice,” before clarifying, “Why, because we do not have materials on these facts in the case,” recalling that an examination of the girl’s body could not establish whether there was a rape or not.
“By law and in view of the qualifications which the investigating judges have retained, Nordahl Lelandais is not subjected to real life, he is subjected to a life sentence with a security period of 18 to 22 years, the maximum security period is 22 years.“, explains the lawyer.
5. Can we add qualifications during the jury trial?
Since rape is not included in the trial for the murder of little Maelis, can it be added during the trial?
I am Jean-Pierre Cabanesnow retired but given an inflexible life sentence for one of his clients, Nicolas Blondio in small business Ocean in Garda explain that “theoretically it is possible. But it is still necessary that the parties be notified.
“In any case, theoretically I don’t see anything againstI think we can do it, in theory.”
But in practice… “I’ve never seen. Adding qualifications in the trial, moreover, in the case of a tougher sentence…”, Jean-Pierre Cabanes remains doubtful.
So even if the rape of little Maelis is shown during the trial, it is unlikely that it will be kept.
Then, of course, allegations of sexual abuse committed by Nordal Lelandais against his two younger cousins will be considered …
6. At what age can Nordal Lelandice be released from prison?
If and only if Nordal Lelandays is sentenced to life imprisonment with 22 years in prison, he could ask for a change of sentence after 22 years in prison.
Since he has been in custody since 2017, he may request an adjustment in 2039. Since he was born in 1983, Nordal Lelandays could have been released from prison at the age of 56.
But be careful, this does not mean that his request for release will be accepted. Indeed, a person sentenced to life imprisonment may never get out of prison.
On the other hand, at the end of the security period, the convicted person can make requests. In addition, the same applies to an irreducible life sentence.
As provided for in the Criminal Code, “the judge for the execution of the sentence may, after a period of thirty years after the passing of the sentence, appoint a panel of three medical experts appointed by the office of the Court of Cassation from a list of experts approved by the court deciding on the danger of the convicted person.
Me Fabienne Rajon also intends to convince the jury that Nordal Lelande is in danger.
“Let justice fully assess the danger of this man”he explains. “There is a question about the danger of this person, really a danger to society, and I think that this question will be central to the process.”