Tanguy Viel ‘Article 353 of the code of criminal procedures’

—Article 353 of the code of criminal procedure: the law does not hold magistrates accountable for the means by which they come to a conclusion, nor does it describe the rules on which the full satisfaction of proof should depend;IMG_1076 the law requires them to question themselves in quiet withdrawal and to search their consciences sincerely for influence the evidence brought forward against the accused and the means of the defence has had on them. The law asks of them but one question, which encompasses the full weight of their responsibility: Do you have a firm belief?***

Tanguy Viel tells us here a universal story of gullibility where a crooked property developer, Antoine Lazenec appears in the working class far western French port of Brest. Here in an essentially poorer city in France, the lack of loose money has not prepared them for Lazenec. The events are preceded by the naval arsenal, the city’s largest employer, closing down and the employees getting lumped sum severance payments, loose cash in an otherwise frugal community.

The story is told by Kermeur, in an almost monologue to the magistrate, and who after being layed off by the Arsenal, was the gatekeeper of the “Chateau”, a beautiful municipally owned property on a cliff top overlooking the bay and at the same time the property that was to be developed by Lazenec and leads to the final act of the magistrate questioning the events in the light of Artticle 353 of the code of criminal procedure shown in the opening quote.

The story opens with Kermeur in a small boat, a Merry Fisher, the very type of boat Kermeur had dreamed of bying for himself, well off of the coast, throwing Lazenec overboard to certain death and calmly sailing back to port. Kermeur later describes to the magistrate the effrontery  of Lazenec:

—From here I’d say it alost looks like a real chateau. Yes, that’s right, he replied. It’s almost a shame to demolish it. Demolish? I said. And whilst I was still taking in his answer, at that same time he had begun to walk back towards the quays , whilst I was trying to tell him that I hadn’t understood that from the model, it had seemed to me quite the opposite, the chateau…Yes, but what can you do, he said, the project is evolving, and you’ll see, Kermeur, it’ll look a lot better like that.***

Lazenec is a type of character that since the banking crisis of 2007-2008, we have become accustomed to. Lazenec has no shame, not only does he never begin the actual building work but he continues as time goes on to sign up more people from the peninsula as investors, I mean he must be for real? As the swindle becomes too obvious to ignore, the town mayor, Le Goff, realising he has severely indebted the commun in the investments is the first to act:

—I think you could still here it the following friday, the bullet, under the black umbrellas surrounding the grave, ricocheting off of the walls of the bell tower for at least three days bouncing off of the swing of the death knell before now whistling down the alleys of the cemetery***

The judge asks Kermeur why he and the other people who were cheated didn’t group together to take him to court, but of course nobody wanted to admit that they had been so easily cheated. The strength of Viel’s writing is to describe the events surrounding the disintegration of the lives touched by Lazenec leading to the question asked of Kermeur by his son:

Do you intend winding up like Le Goff?

And of course the magistrate’s final reflection in the light of the article from the code of criminal procedure.

First Published in French as “Article 353 du code Pénal” in 2016 by Les Editions de Minuit.
*** My translation

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