Penal Reform: Just Presented, Already Controversial

Posted on Oct 9 2013 - 7:29am by Admin

Several measures of the text discussed on Wednesday by the Cabinet raised concern professionals.

Criminal reform Christiane Taubira presented Wednesday by the Cabinet. Culmination of a summer war between the Ministers of Justice and Interior, it will need to Elysian subtle tradeoffs. Three dots crystallize difficulties.


• The end of Automatic Penalties

The minimum sentences provide tougher penalties for repeat offenders, unless otherwise motives of the judge will be deleted. If the judges have used all admit having practiced sparingly. Moreover, convicts did not comply with the obligations set out under a suspended sentence with probation now pass again before the judge – instead of being directly incarcerated. The goal is clearly not to resort systematically to imprisonment but to find alternatives. A time considered the idea of ​​an automatic release at two thirds of the sentence has finally been removed from the final draft in favor of a mandatory review of the records held two-thirds of the sentence, to judge the opportunity for a “stress release.”

• Criminal Restraint

This is the great innovation of the law of Christiane Taubira. It is similar to probation in the U.S. but that comes with the device. It may well replace imprisonment for offenses punishable by imprisonment not exceeding five years. Roughly speaking, the obligations and prohibitions that accompany echo those contained in the suspension with the test, plus the obligations of care, internships and jobs general interest. The criminal coercion ranges from one to five years. The judge sentence enforcement decides its content. If the offender does not comply with its obligations, then it will be imprisoned for a term which shall not exceed half of the probation. The minister wants to convey the message that this is a “just in itself.” That fear most professionals justice is primarily its implementation, considered expensive in human resources as financial. The central role of integration requires advisers estimated around 150 people hired. Which is impossible in view of the last budget of the judiciary and of the Place Vendome claimed savings efforts. It is also the security forces who are worried. Indeed, monitoring and control of these convicts serving their sentences in “open” (outside the prison) requires the active involvement of the police. The various police unions have already expressed their reservations with their ministry and have so far failed to be received by the Chancellery.

• The Development of Sentence

It is undoubtedly this chapter Christiane Taubira lost the battle against Manuel Valls . Those sentenced to less than two years for first time offenders sentences (and one year for repeat offenders) could avoid jail until now enjoying a box layout of their custodial sentence. These thresholds will be reduced to one year and six months. It remains to be seen whether parliamentarians remain on Valls online or wish to strengthen the hand of the justice minister.

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