This figure from the Nîmes Court of Appeal will join the Montpellier General Prosecutor’s Office by the end of the summer.
No one to say anything bad about it… “Hardworking, elegant, always even-tempered.” Rarely has a magistrate aroused as much unanimity as Damien Kincher. A few weeks before his departure for the Montpellier Court of Appeal, this Advocate General can still contemplate the arches of the arenas of Nîmes which are located a few meters from the courthouse.
In his office, a few paintings adorn the walls as on his table, the many files to be processed and the summaries to be written, the important points of which he underlines with a two-tone red and blue colored pencil. Behind the huge columns of the old courthouse, Damien Kincher is one of the essential cogs in the Nîmes Court of Appeal.
From the housekeeper to the magistrate via the lawyer or the policeman, he behaves in the same way: humor and loftiness. For Eric Maurel, the public prosecutor of Nîmes, Damien Kincher, “it is elegance in thought and elegance in action”.
“Nîmes: beautiful and violent”
As Advocate General, Mr. Kincher represents the prosecution during assize trials but he is above all the right arm of the Attorney General for all matters relating to the organization of the court (budgets, holding of trials, reports to the Chancellery). Thus, he has one foot in the hearings, the other in the administrative machinery of the appeal court. This native of Pézenas takes requisitions during the most sensitive trials and ensures the proper functioning of the court.
Almost six years will have passed since his arrival in the Gard after his duties at Bastia. Nimes? “It didn’t change me much from Corsica, Nîmes is a Mediterranean city which is beautiful and violent”observes this fan of literature and painting who rubs “The tragedy on a daily basis. It is not necessarily the most resounding cases that mark the most”nuances the one whose career has remained invariably marked by functions in the public ministry.
Secondment to Defense
But not only since his course led him twice to be seconded from the Ministry of Justice to that of Defense in 1995. Thus, Damien Kincher worked as a technical adviser in the office of the Minister of the time before joining to be appointed adviser to the director general of the gendarmerie. He was then deputy and acting government commissioner at the Paris Armed Forces Tribunal.
Still in the wake of the Ministry of Defence, he obtained the post of Head of the Office of Studies and Organization of Legal Affairs of the Ministry of Defence.
A few months later, he was given a temporary assignment in overseas operations from June 1998 to January 1999 as legal adviser to the general commanding the multinational military division in Mostar (Bosnia-Herzegovina). “He is a history buff, a scholar, a man of great intelligence coupled with a great capacity for work. He is often the last to leave”notes Alexandre Rossi who is a substitute for the general prosecutor’s office.
The Advocate General is neither a lawyer nor a general. But magistrate at the general prosecutor’s office which is located at the Court of Appeal of Nîmes. In summary, these are functions of the magistrate of the prosecution, the prosecution or the public ministry, but which are at the level of the court. Thus, the magistrate processes for the public prosecutor’s office almost everything that comes before the court in criminal matters. The jurisdiction of appeal covers the courts of Gard, Lozère, Vaucluse and Ardèche. For example, a case judged in correctional in Nîmes or Avignon or Carpentras can come before the correctional appeals chamber of Nîmes. The Court of Appeal (investigation chamber, ex accusation) also handles all disputes related to cases handled by the investigating judges. The General Prosecutor’s Office is composed of a General Prosecutor, currently, Francoise Pieri-Gauthier who is assisted by Damien Kincher, Aurélie Raymond, Hervé Poinot, Pierre Couttenier, Alexandre Rossi, Dominique Sénéchal and Jean-Jacques Ignacio.