Upon review of the legislation on penal reform, the Socialists should avoid reviving tensions between Manuel Valls and Christiane Taubira.
When the text on penal reform comes before national representation, Manuel Valls and Christiane Taubira count their supporters, the first having heart to harden and soften the latter wanting. Suffice to say that each amendment be weighed trebuchet and it will not be easy to change the text without being accused of putting oil on the fire. One of the sensitive points of the facilities that will be trouble. Manuel Valls got the Élysée that they are possible for the offenses punishable up to one year in prison, while the previous law of 2009 had been more generous, since these are the offenses punishable up to two years of imprisonment were previously converted. “We expect to know how many there are of convicts whose sentences of between one and two years to determine whether it is desirable to return to two years. It is even more difficult to decide that we know that dig up the hatchet between Manuel Valls and Christiane Taubira, “said Will we, embarrassed, into the ranks of the majority.
Similarly, some members questioned the wisdom of keeping the notion of recurrence, which does not always seem relevant. “First, because the entries in the criminal record of a first offense sometimes occur after a second offense of the same nature occurred. The finding of recidivism, it’s a little Russian roulette, “said a Socialist deputy. Many defendants are repeatedly convicted of various crimes, which under the law does not repeat. “Maybe we should talk about it rather than reiteration of recurrence, but again, it would harden the text,” said a member who, in contrast, believes that “the purpose of punishment should be systematically redesigned to avoid dry out.”
To ease the work of the courts, some MPs are planning to “orient” first certain offenses – such as driving while intoxicated – to other procedures such as prefectural suspension. As for criminal restraint, members, starting with Dominique Raimbourg, the rapporteur of the law, know that one of the challenges of its success will be the greater involvement of security forces for control. For it to work, many believe that the involvement of local communities is desirable. All legal professionals are in agreement in recognizing that “if the work of general interest work well, public agencies including municipalities reluctant to grant them because they are the ones who will be responsible in case of failure” said a senior judge of the Paris region.
Finally, to avoid any risk of unconstitutionality, the members are working on the current text to reduce a little bit the power of the judge to sentence enforcement. The idea is to reconnect with the adversarial in case of breach of obligations and prohibitions so that the revocation of the criminal constraint is imposed not by the judge but the execution of sentences by the court. “Of course, it would increase the workload of the courts,” sighs one in the ranks of the majority.
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