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Law No. 2007-1198 August 10, 2007, Strengthening The Fight Against The Recurrence Of Major And Minors

Original Language Title: LOI n° 2007-1198 du 10 août 2007 renforçant la lutte contre la récidive des majeurs et des mineurs

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Summary

Amendments to the Criminal Code, the Code of Criminal Procedure.Amendment to Ordinance No. 45-174 of 2 February 1945 on Offender Children:- Amendment: Articles 20, 20-2, 20-3, 48.The I of Article 7 and Article 8 come into force on 1 March 2008. Article 7 II and articles 9 to 11 are immediately applicable to persons serving a custodial sentence. An assessment of the devices provided for in sections 7 to 11 will be completed by March 31, 2011. This Act is applicable in the Wallis and Futuna Islands, French Polynesia, New Caledonia and French Southern and Antarctic Lands. -

Keywords

STRENGTHENING, STRENGTHENING, STRENGTHENING, STRENGTHENING, CODE PENAL , CODE PENAL , RECIDIVIST , MINIMUM , PRIVATION

Legislative records




JORF n°185 of 11 August 2007 page 13466
text No. 1



LOI no. 2007-1198 of 10 August 2007 strengthening the fight against recidivism of majors and minors (1)

NOR: JUSX0755260L ELI: https://www.legifrance.gouv.fr/eli/loi/2007/8/10/JUSX0755260L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2007/8/10/2007-1198/jo/texte


The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2007-554 DC of 9 August 2007;
The President of the Republic enacts the following legislation:

  • Chapter I: Provisions relating to minimum penalties and the mitigation of penalties applicable to minors Article 1


    After section 132-18 of the Penal Code, an article 132-18-1 is inserted as follows:
    "Art. 132-18-1. - For crimes committed in a state of legal recidivism, the penalty of imprisonment, imprisonment or detention may not be less than the following thresholds:
    « 1° Five years, if the crime is punished by fifteen years ' imprisonment or detention;
    « 2° Seven years, if the crime is punished by twenty years ' imprisonment or detention;
    « 3° Ten years, if the crime is punishable by 30 years ' imprisonment or detention;
    « 4° Fifteen years, if the crime is punishable by life imprisonment or detention.
    "However, the court may impose a sentence below these thresholds in consideration of the circumstances of the offence, the personality of the perpetrator or the guarantees of insertion or reintegration presented by the perpetrator.
    "When a crime is committed once again in a state of legal recidivism, the court can only impose a sentence below these thresholds if the accused has exceptional guarantees of insertion or reintegration. »

    Article 2


    After section 132-19 of the Penal Code, an article 132-19-1 is inserted as follows:
    "Art. 132-19-1. - For offences committed in a state of legal recidivism, the prison sentence cannot be less than the following thresholds:
    « 1° One year, if the offence is punished by three years imprisonment;
    « 2° Two years, if the offence is punishable by five years imprisonment;
    « 3° Three years, if the offence is punishable by seven years imprisonment;
    « 4° Four years, if the offence is punishable by ten years' imprisonment.
    "However, the court may, by a specially reasoned decision, impose a sentence below these thresholds or a sentence other than imprisonment in consideration of the circumstances of the offence, the personality of the perpetrator or the guarantees of insertion or reintegration presented by the perpetrator.
    "The court may not impose a sentence other than imprisonment where one of the following offences is committed once again in a state of legal recidivism:
    "1° Voluntary violence;
    « 2° Delit committed with the aggravating circumstance of violence;
    "3° Aggression or sexual assault;
    « 4° Penalties punishable by ten years of imprisonment.
    "By a specially reasoned decision, however, the court may impose a prison sentence of less than the thresholds provided for in this article if the defendant has exceptional guarantees of insertion or reintegration.
    "The provisions of this article are not exclusive of a fine and one or more additional penalties. »

    Article 3


    After section 132-20 of the Penal Code, an article 132-20-1 is inserted as follows:
    "Art. 132-20-1. - When the circumstances of the offence or the personality of the perpetrator justify it, the President of the court shall notify the convicted person of the consequences of a conviction for a new offence committed in a state of legal recidivism. »

    Article 4


    The last paragraph of section 132-24 of the Penal Code is deleted.

    Article 5


    I. - Section 20-2 of Order No. 45-174 of 2 February 1945 on child offenders is amended as follows:
    1° The first paragraph is supplemented by a sentence as follows:
    "The decrease of half of the penalty is also applicable to the minimum penalties set out in sections 132-18, 132-18-1 and 132-19-1 of the Criminal Code. » ;
    2° The second preambular paragraph is replaced by seven sub-items:
    "However, if the minor is over sixteen years of age, the juvenile court or juvenile court may decide that it is not necessary to ensure that the penalty in the first paragraph is reduced in the following cases:
    « 1° Where the circumstances of the species and the personality of the minor justify it;
    « 2° When a crime of voluntary violation of the person's life or physical or mental integrity has been committed in a state of legal recidivism;
    « 3° When an offence of voluntary violence, an offence of sexual assault, an offence committed with the aggravating circumstance of violence was committed in a state of legal recidivism.
    "When taken by the Children's Court, the decision not to make the minor benefit from the mitigation of the sentence must be specifically motivated, except for the offences referred to in the 3° committed in a state of legal recidivism.
    "The mitigation of the sentence in the first paragraph does not apply to minors over the age of sixteen when the offences mentioned in the 2nd and 3rd were committed once again in a state of legal recidivism. However, the juvenile court may decide otherwise, as well as the children's court, which decides by a specially reasoned decision.
    "For the purposes of sections 132-8 to 132-11, 132-18-1 and 132-19-1 of the Criminal Code and the two preceding paragraphs, educational measures or sanctions against a minor may not constitute the first term of the recidivism. »
    II. - Before the last paragraph of section 20 of the same order, two sub-items are inserted:
    "If the accused is reproached one of the offences set out in the 2nd and 3rd of Article 20-2 committed once again in a state of legal recidivism, the second question is thus written:
    "2° Is it necessary to apply to the accused the benefit of the reduced sentence provided for in section 20-2?"
    III. - Before the last paragraph of section 48 of the same order, two sub-items are inserted:
    "If the accused is reproached one of the offences set out in the 2nd and 3rd of Article 20-2 committed once again in a state of legal recidivism, the second question is thus written:
    "2° Is it necessary to apply to the accused the benefit of the reduced sentence provided for in section 20-2?"
    IV. - At the end of the last sentence of the first paragraph of Article 706-25 of the Code of Criminal Procedure, the word "fourteenth" is replaced by the word "sixteenth".
    V. - In section 20-3 of Order No. 45-174 of 2 February 1945 referred to above, the words "of the second paragraph" are replaced by the words "of the second to fifth paragraphs".

    Article 6


    The first sentence of the first paragraph of Article 362 of the Code of Criminal Procedure is supplemented by the words: ", as well as, if the facts have been committed in a state of legal recidivism, Article 132-18-1 and, if applicable, Article 132-19-1 of the same Code."

  • Chapter II: Provisions relating to the injunction of care Article 7


    I. - Section 131-36-4 of the Criminal Code is amended as follows:
    1° The first paragraph is deleted;
    2° The first two sentences of the second paragraph are replaced by a sentence as follows:
    "Unless the court decides otherwise, a person sentenced to a socio-judicial follow-up shall be subjected to a care order under the conditions set out in sections L. 3711-1 et seq. of the Public Health Code, if it is determined that the person is subject to treatment, after medical examination ordered in accordance with the provisions of the Code of Criminal Procedure. »
    II. - The third paragraph of Article 763-3 of the Code of Criminal Procedure is amended as follows:
    1° The first two sentences are thus written:
    "If the person convicted of a socio-judicial follow-up has not been subjected to an injunction of care, the judge of the application of sentences orders medical expertise to be released in order to determine whether the person is likely to be treated. If it is established as a result of this expertise the possibility of treatment, the sentenced person is subject to a care order, unless the judge decides otherwise. » ;
    2° The last sentence is as follows:
    “The provisions of the two preceding paragraphs shall apply. »
    III. - In the last sentence of the last paragraph of the same article, the words "of the second paragraph" are replaced by the words "of the first two paragraphs".

    Article 8


    I. - After article 132-45 of the Criminal Code, an article 132-45-1 is inserted as follows:
    "Art. 132-45-1. - Unless otherwise decided by the court, the person sentenced to a prison sentence with a condition of probation for one of the offences for which the socio-judicial follow-up is subject to an injunction of care under the conditions laid down in sections L. 3711-1 and following of the Public Health Code, if it is determined that it is subject to treatment, after an orderly medical examination of the law.
    "In the event of an injunction of care, the president warns the convicted person that no treatment may be undertaken without his consent, but that if he refuses the treatments that will be offered to him, the sentence may be enforced.
    "When the court of judgment imposes a custodial sentence that is not fully matched with the probation, the president informs the convicted person that he will have the opportunity to begin treatment during the execution of the sentence. »
    II. - In the second sentence of the first paragraph of Article 706-47-1 of the Code of Criminal Procedure, the words "in the context of a socio-judicial follow-up" are deleted.

    Article 9


    I. - Article 723-30 of the Code of Criminal Procedure is amended as follows:
    1° In the third paragraph (2°), the words "by articles 131-36-2 (1°, 2° and 3°) and 131-36-4" are replaced by the words "by article 131-36-2 (1°, 2° and 3°)";
    2° It is added a paragraph to read:
    "Unless the judge decides otherwise, the convicted person under judicial supervision is subject to an injunction of care, under the conditions set out in sections L. 3711-1 et seq. of the Public Health Code, where he or she is determined, after medical examination provided for in section 723-31, that he or she is subject to treatment. »
    II. - The first sentence of article 723-31 of the same code is supplemented by the words: "and determines whether the convicted person is subject to treatment."

    Article 10


    The second sentence of the first paragraph of Article 721-1 of the Code of Criminal Procedure is as follows:
    "Unless the judge decides otherwise, no further reduction of the sentence may be granted to a person convicted of a crime or offence for which the socio-judicial follow-up is pending, who refuses to follow the treatment offered to him by the judge of the application of the penalties under sections 717-1 and 763-7. »

    Article 11


    I. - Article 729 of the Code of Criminal Procedure is supplemented by a sub-paragraph as follows:
    "When the person has been convicted of a crime or offence for which the socio-judicial follow-up is pending, a conditional release may not be granted to him if he refuses during his incarceration to follow the treatment offered to him by the judge of the application of the penalties under 717-1 and 763-7. Nor can it be granted to a convicted person who does not undertake to follow, after his release, the treatment offered to him under section 731-1. »
    II. - The first paragraph of Article 731-1 of the same code is as follows:
    "The person subject to parole may be subject to the obligations for socio-judicial follow-up if convicted of a crime or offence for which the measure is being committed. Unless otherwise decided by the judge of the application of penalties or the court of enforcement of sentences, the person is subject to an injunction of care under the conditions set out in sections L. 3711-1 et seq. of the Public Health Code if, after the expertise provided for in section 712-21 of this Code, the person is likely to be treated. »
    III. - Section 712-21 of the same code is amended as follows:
    1° At the end of the first sentence, the words: "as mentioned in article 706-47" are replaced by the words: "for which socio-judicial follow-up is incurred";
    2° It is added a paragraph to read:
    "This expertise determines whether the convicted person is subject to treatment. »
    IV. - In the last sentence of the first paragraph of Article 721-3 of the same code, the words "to the last" are replaced by the words "to the penultimate".

  • Chapter III: Provisions for the coming into force and enforcement of the Act Article 12


    Section 7 I and section 8 come into force on March 1, 2008.
    Section 7 II and sections 9 to 11 are immediately applicable to persons serving a custodial sentence.

    Article 13


    An assessment of the devices provided for in sections 7 to 11 will be completed by March 31, 2011.

    Article 14


    This Act is applicable in the Wallis and Futuna Islands, French Polynesia, New Caledonia and French Southern and Antarctic Lands.

    This law will be enforced as a law of the State.


Done in Paris, 10 August 2007.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister of Interior, Overseas

and territorial authorities,

Michèle Alliot-Marie

The Seal Guard, Minister of Justice,

Rachida Dati

The Minister of Health,

youth and sports,

Roselyne Bachelot-Narquin



(1) Act No. 2007-1198.
- Preparatory work:
Senate:
Bill No. 333 corrected (2006-2007);
Corrigendum letter No. 356 (2006-2007);
Report of Mr. François Zocchetto, on behalf of the Law Commission, No. 358 (2006-2007);
Discussion and adoption on 5 July 2007.
National Assembly:
Bill, passed by the Senate, No. 63;
Report of Mr. Guy Geoffroy, on behalf of the Law Commission, No. 65;
Discussion on 17 and 18 July 2007 and adoption on 18 July 2007.
Senate:
Bill, amended by the National Assembly, No. 401 (2006-2007);
Report of Mr. François Zocchetto, on behalf of the Joint Parity Commission, No. 410 (2006-2007);
Discussion and adoption on 26 July 2007.
National Assembly:
Report of Mr. Guy Geoffroy, on behalf of the Joint Parity Commission, No. 103;
Discussion and adoption on 26 July 2007.
- Constitutional Council:
Decision No. 2007-554 DC of 9 August 2007 published in the Official Gazette of this day.


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