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In March, Benoît Ducos had carried to the Briançon hospital an eight-month-old refugee woman. After being stopped by a customs control he was prosecuted for the crime of badistance with entry and circulation.
Gap's public prosecutor's office announced on Friday that it had dropped the case against a man who had rescued a migrant woman who was about to give birth during the winter on the Franco-Italian border, citing her "Humanitarian immunity".
On March 10, Benoît Ducos, one of the volunteers helping refugees arriving in the Briançon region, had fallen on a Nigerian family, a couple and his two young children, and two other people who had carried the woman, who was eight and a half months pregnant. during their walk in the cold and the snow. With another marauder, he had then decided to drive the mother by car to the Briançon hospital. On the way, it had been contractions and 500 meters from the maternity ward, they had been stopped by a customs control that delayed the medical care according to him, which the prefecture had contested. The baby was born in the night by caesarean section, in good health.
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No counterpart
An investigation was then opened for "Aid for the entry and movement of an illegal alien". After investigations on "The circumstances in which the aid was provided", the prosecution decided to dismiss the case on 27 October.
In a statement released on Friday, the public prosecutor in Gap, Raphael Balland, explains that for the offense of aid to entry, the offense was "Insufficiently characterized"the investigation failed to determine whether Mr Ducos had participated "Directly or indirectly to the organization of the illegal crossing of the border of these persons in particularly dangerous conditions".
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For the crime of badistance to the circulation, the magistrate retained "Humanitarian immunity" given the absence of counterparts and dangerous weather conditions, especially for pregnant women "Who told the investigators with his spouse that she had taken this unreasonable risk of not giving birth in Italy, where she feared that her children would be taken away from her". This "Immunity" is provided for by the provisions of article L. 622-4, paragraph 3, of the code of entry and residence of foreigners and right of asylum.
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