Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2002-461 DC of 29 August 2002;
The President of the Republic enacts the following legislation:
Guidance and programming of the means of justice for the years 2003 to 2007 in the report annexed to this Act are approved.
The provision for the implementation of the guidelines contained in the report annexed to this Act, which will be opened by the financial laws between 2003 and 2007, is set at €3.65 billion. They cover the cost of job creations, measures relating to the situation of personnel, the functioning, intervention actions and equipment of the central administration of the Ministry of Justice, the courts of the judiciary and the administrative order, and the departments responsible for the execution of court decisions.
The amount of program authorizations for the execution of this programming is €1,750 million.
The appropriations provided for in this Act are in addition to the annual renewal of the means of engagement and payment established by the Initial Finance Act for 2002 and those necessary to address the consequences, on the cost of remuneration, general measures of increase and adjustments to take into account the actual situation of staff.
To be created over the period 2003-2007, 10,100 permanent budget jobs will be created.
In addition, there are plans to recruit local judges and justice assistants on credit for a full-time equivalent of 580 jobs.
Article 2 of Act No. 87-432 of 22 June 1987 on the Public Service of Prisons is read as follows:
“Art. 2. - By derogation from the provisions of articles 7 and 18 of Act No. 85-704 of 12 July 1985 on the mastery of public works and its relationship with the mastery of private work, the State may entrust to a person or group of persons, public or private law, a mission that covers both the design, construction and development of penal institutions.
"The execution of this mission is the result of a contract between the State and the person or group of persons according to the procedures provided by the public procurement code. If the market is alloti, offers simultaneously on several lots can be subject to a global judgment.
"The contracts passed by the State for the execution of this mission may not include provisions under the conventions referred to in articles L. 34-3-1 and L. 34-7-1 of the State domain code and article L. 1311-2 of the general code of territorial authorities.
"In penitentiary institutions, functions other than those of management, transplantation and supervision may be entrusted to persons of public law or private law authorized under conditions defined by a decree in the Council of State. Such persons may be selected under the contracts provided for in the second paragraph. »
The procedure provided for in Article L. 15-9 of the Code of Expropriation for public utility may be applied in order to take immediate possession by the State of the built or unbuilt land, the acquisition of which is necessary for the construction or extension of penitentiary institutions carried out under this Act.
The decrees on the conformity of the Council of State provided for in the first paragraph of Article L. 15-9 of this Code shall be taken by 30 June 2007.
The provisions of sections L. 314-1, L. 314-2 and L. 314-6 of the urban planning code apply, if any, to the construction or extension of penitentiary institutions carried out under this Act.
[Dispositions declared not in conformity with the Constitution by decision of the Constitutional Council No. 2002-461 DC of 29 August 2002. ]
I. - The title of Book III of the Code of the Judicial Organization is as follows:
« LIVRE III
"The TRIBUNAL OF GREAT INSTANCE, THE TRIBUNAL OF INSTANCE AND THE LEGAL PROXIMITY"
II. - Book III of the same code is supplemented by a title III as follows:
« TITRE III
“PROXIMITY LEGITION
« Single Chapter
“General provisions
“Section 1
“Institution, competence and operation
"Art. L. 331-1. - In the jurisdiction of each court of appeal, courts of first instance referred to as local courts are established.
"Art. L. 331-2. - In civil matters, the local jurisdiction is the last jurisdiction of the securities which it is seized by a natural person for the purposes of its non-professional life, up to the value of EUR 1,500 or of an indeterminate value but which originate in the execution of an obligation not exceeding EUR 1,500.
"It is familiar with injunction procedures to pay or do, under the conditions set out in the first paragraph.
"It also knows, under the same conditions, in order to give it enforceable force, of the application for the approval of the finding of agreement made by the parties, following a preliminary conciliation attempt conducted pursuant to article 21 of Act No. 95-125 of 8 February 1995 on the organization of courts and civil, criminal and administrative proceedings.
"Art. L. 331-3. - In civil matters, the local jurisdiction shall rule according to the procedural rules applicable to the court of proceedings. It is pronounced after having sought to reconcile the parties by itself or, if necessary and with the agreement of the parties, by appointing a person fulfilling the conditions fixed by decree in the Council of State.
"The parties may be assisted and represented before it under the same conditions as before the court of proceedings.
"Art. L. 331-4. - Where, in civil matters, the proximity judge faces a serious legal difficulty with respect to the application of a rule of law or the interpretation of the contract binding the parties, he or she may, at the request of a party or ex officio, after having collected the notice, as the case may be, of the other or both parties, refer the matter to the court of proceedings that is adjudicating as a local jurisdiction.
"Art. L. 331-5. - In criminal matters, the rules relating to the jurisdiction and functioning of the jurisdiction of the community, as well as those relating to the public prosecutor in this jurisdiction, are set out in article 706-72 of the Code of Criminal Procedure and, with regard to minors, in article 21 of Ordinance No. 45-174 of 2 February 1945 on child offenders.
“Section 2
“Organization
"Art. L. 331-6. - The seat and jurisdiction of the courts of proximity are fixed by decree in the Council of State.
"Art. L. 331-7. - The court of proximity is a single judge.
"Art. L. 331-8. - The court of proximity may hold foraine hearings in any appropriate public place under conditions fixed by decree in the Council of State.
"Art. L. 331-9. - In the event of the absence or incapacity of the judge of proximity or where the number of judges of proximity is found to be insufficient, the duties of the judge are exercised by a judge of the court of proceedings, designated for that purpose by order made by the president of the court of large instance. »
Article 21 of Act No. 95-125 of 8 February 1995 on the organization of jurisdictions and civil, criminal and administrative proceedings is supplemented by a paragraph to read:
"If the judge has not obtained the agreement of the parties to proceed with the conciliation attempts set out in 1°, he or she may direct them to meet a person whom he or she designates for that purpose and satisfying the conditions set out in the first paragraph. It shall inform the parties of the object and the course of the conciliation measure. »
In article L. 811-1 of the code of the judicial organization, after the words "in criminal matters" are inserted the words "as well as the courts of proximity".
Book IV of the Code of Criminal Procedure is supplemented by a title XXIV, which reads as follows:
« TITRE XXIV
“Relevant PROVISIONS
PROXIMITY LEGAL
"Art. 706-72. - The court of proximity is competent to judge police offences whose list is fixed by decree in the Council of State. It shall then rule in accordance with the procedure applicable to the police court, in accordance with the provisions of articles 521 to 549.
"The proximity jurisdiction may also validate, on delegation given by the President of the High Court, the criminal composition measures provided for in articles 41-2 and 41-3.
"For the judgment of the contraventions referred to in the first paragraph and under the first four classes, the functions of the Public Prosecutor's Office shall be performed by an officer of the Public Prosecutor's Office, in accordance with the provisions of sections 45 to 48. »
Article 122-8 of the Criminal Code reads as follows:
"Art. 122-8. - Minors who are capable of discernment are criminally responsible for the crimes, offences or offences they have been convicted of, under conditions established by a specific law that determines the measures of protection, assistance, supervision and education that they may be subjected to.
"This law also determines the educational sanctions that may be imposed against minors between the ages of eighteen and the penalties to which minors may be sentenced from thirteen to eighteen years, taking into account the mitigation of responsibility they receive because of their age. »
The second paragraph of section 2 of Order No. 45-174 of 2 February 1945 on delinquent childhood is as follows:
"However, when the circumstances and personality of minors require it, they may either impose an educational penalty against minors aged 18 to 18, in accordance with the provisions of Article 15-1, or impose a sentence against minors aged 13 to 18, taking into account the mitigation of their criminal responsibility, in accordance with the provisions of Articles 20-2 to 20-9. »
After Article 15 of Order No. 45-174 of 2 February 1945 referred to above, an article 15-1 is inserted as follows:
"Art. 15-1. - If prevention is established in respect of a minor who is at least 10 years of age, the Children's Court may issue one or more of the following educational sanctions by reason of decision:
« 1° Confiscation of an object held or owned by the minor and served on or produced the commission of the offence;
« 2° Prohibition to appear, for a period not exceeding one year, in the place or places in which the offence was committed and which are designated by the court, with the exception of places in which the minor usually resides;
« 3° Prohibition, for a period not exceeding one year, of meeting or receiving the victim(s) of the offence designated by the court or of entering into contact with them;
« 4° Prohibition, for a period not exceeding one year, of meeting or receiving the co-authors or possible accomplices designated by the court or of entering into contact with them;
« 5° Measure of aid or repair referred to in Article 12-1;
« 6° Obligation to follow a civic training course, of a duration which may not exceed one month, with the aim of reminding the minor of the obligations arising from the law and whose terms of application are fixed by decree in the Council of State.
"The Children's Court shall designate the Youth Judicial Protection Service or the authorized service responsible for ensuring the proper execution of the sanction. This service will report to the juvenile judge on the execution of the educational sanction.
"In the event of a minor's failure to comply with the educational sanctions provided for in this article, the Children's Court may issue a placement measure in one of the offences referred to in Article 15. »
The last paragraph of section 20 of Order No. 45-174 of 2 February 1945 referred to above is as follows:
"If it is decided that the convicted minor accused must not be subject to a criminal conviction, the measures relating to his placement or custody or the educational sanctions on which the court and the jury are called to decide shall be those of articles 15-1, 16 and the first paragraph of article 19. »
The Code of Criminal Procedure is amended as follows:
1° At 3° of Article 768, the words: "Articles 8, 15, 16 and 28" are replaced by the words: "Articles 8, 15, 15-1, 16, 16 bis and 28";
2° At the 1st of Article 769-2, the words: "Articles 8, 15, 16, 16 bis and 28" are replaced by the words: "Articles 8, 15, 15-1, 16, 16 bis and 28";
3° At the 1st of Article 775, the words "articles 2, 8, 15, 16, 18 and 28" are replaced by the words "articles 2, 8, 15, 16, 16, 16 bis, 18 and 28".
The first paragraph of Article 4 of Order No. 45-174 of 2 February 1945 referred to above is amended as follows:
1° In the second sentence, the words: "serious and concordant indices" are replaced by the words: "serious or concordant indices", the words: "an offence punishable by at least seven years' imprisonment" are replaced by the words: "an offence punishable by at least five years' imprisonment" and the words: "who cannot exceed ten hours" are replaced by the words: "who cannot exceed twelve hours;
2° In the third sentence, the words: "for a period that cannot exceed ten hours" are replaced by the words: "for a period that cannot exceed twelve hours".
Order No. 45-174 of 2 February 1945 referred to above is amended as follows:
1° In the third paragraph of Article 8, the words "of Article 11" are replaced by the words "of Articles 10-2 and 11";
2° After Article 10, an article 10-2 is inserted as follows:
"Art. 10-2. - I. - Minors between thirteen and eighteen years of age may be placed under judicial supervision under the conditions laid down in the Code of Criminal Procedure, subject to the provisions of this article.
“II. - Judicial review is decided by a reasoned order, taken, as the case may be, by the juvenile judge, the examining magistrate or the judge of freedoms and detention. The judge must orally notify the minor of the obligations imposed on him, in the presence of his lawyer and legal representatives or those duly summoned; the magistrate also informs the minor that in the event of non-compliance, he may be placed in pretrial detention; these formalities are mentioned in a report, signed by the magistrate and the minor. When this decision is accompanied by a release, the minor's lawyer is summoned by any means and without delay and the provisions of the second paragraph of Article 114 of the Code of Criminal Procedure are not applicable.
"The judicial review of a minor may also include one or more of the following obligations:
« 1° To submit to the measures of protection, assistance, supervision and education entrusted to a youth judicial protection department or to an authorized service mandated by the magistrate for that purpose;
« 2° Respect the conditions of placement in an educational centre for the judicial protection of youth or under an authorized service to which the minor was entrusted by the magistrate in accordance with the provisions of Article 10 and in particular in a closed educational centre provided for in Article 33.
"However, the obligations under 2° can only be ordered for a period of six months and can only be renewed by a reasoned order once for a period of not more than six months.
"The person responsible for the service or centre designated under 1° and 2° shall report to the judge of the children or to the investigating judge in case of non-compliance by the minor with the obligations imposed on him; a copy of this report is addressed to the prosecutor of the Republic by this magistrate.
"III. - In correctional matters, minors under the age of sixteen years may only be placed under judicial review when the prison sentence in question is greater than or equal to five years and when the minor has already been subject to one or more educational measures in accordance with the provisions of articles 8, 10, 15, 16 and 16 bis or to a sentence of educational sanction or punishment.
"The judicial review to which juveniles between the ages of sixteen may be treated in correctional matters shall be limited to the obligation to respect the conditions of placement, in accordance with the provisions of 2° of II. The minor is then placed in a closed educational centre under section 33.
"The judge of the children, the examining magistrate or the judge of freedoms and detention shall rule on the placement under judicial review in a court hearing, after a contradictory debate in which the magistrate hears the public prosecutor who develops his requisitions made in accordance with the provisions of Article 137-2 of the Code of Criminal Procedure, then the observations of the minor and his lawyer. The judge may, where appropriate, collect the statements of the representative of the service following the minor during the discussion. »
Order No. 45-174 of 2 February 1945 referred to above is amended as follows:
1° The first paragraph of Article 11 shall be replaced by ten subparagraphs as follows:
"The juveniles of thirteen to eighteen years under examination by the investigating judge or the juvenile judge may not be placed in pre-trial detention by the judge of freedoms and detention seized either by the investigating judge or by the juvenile judge, in accordance with the provisions of articles 137 to 137-4, 144 and 145 of the Code of Criminal Procedure, except in the cases provided for in this article, provided that such measure is indispensable or that it is impossible to
" Minors aged sixteen years may only be placed in pre-trial detention in one of the following cases:
« 1° If they commit a criminal sentence;
« 2° If they are incurring a correctional sentence of three years or more;
« 3° If they have voluntarily withdrawn from the obligations of a judicial review in accordance with the provisions of Article 10-2.
" Minors aged thirteen and under sixteen may only be placed in pre-trial detention in one of the following cases:
« 1° If they commit a criminal sentence;
« 2° If they have voluntarily withdrawn from the obligations of a judicial review in accordance with the provisions of Article 10-2 III.
"Pre-trial detention is carried out either in a special district of the arrest house or in a specialized juvenile correctional facility; detained minors are, as far as possible, subject to night isolation. Minors between thirteen and sixteen years of age may only be detained in institutions that guarantee complete isolation from major prisoners and the presence in detention of educators under conditions defined by decree in the State Council.
"When minors who have been placed in pre-trial detention are released during the proceedings, they shall be subjected, upon release, to educational or supervised measures justified by their situation and determined by the juvenile judge, the investigating judge or the judge of freedoms and detention. When the judge considers that none of these measures is necessary, he decides by reasoned decision. » ;
2° In the penultimate paragraph of the same article, the words "of the fourth and fifth preambular paragraphs" are replaced by the words "of the thirteenth and fourteenth preambular paragraphs";
3° After Article 11-1, an article 11-2 is inserted as follows:
"Art. 11-2. - Where in respect of a minor between thirteen and sixteen years of age, pretrial detention is ordered following the revocation of a judicial review in accordance with the provisions of Article 10-2, the duration of pretrial detention may not exceed fifteen days, renewable once.
"If this is an offence punishable by ten years' imprisonment, the duration of pre-trial detention cannot exceed one month, renewable once.
"When several revocations of judicial review occur, the cumulative duration of detention may not exceed a total of one month in the case referred to in the first paragraph and two months in the case referred to in the second paragraph. »
Order No. 45-174 of 2 February 1945 referred to above is amended as follows:
1° The second sentence of the second paragraph of Article 5 is as follows:
"The child court may also be brought before the child court in accordance with the court's early judgment procedure provided for in article 14-2. » ;
2° In the third paragraph of Article 12, the words "articles 8-2 and 8-3" are replaced by the words "articles 8-2 and 14-2";
3° After Article 14-1, an article 14-2 is inserted as follows:
"Art. 14-2. - I. - Juveniles from 16 to 18 years of age who have been brought before the public prosecutor may be prosecuted before the court for children in accordance with the procedure of judgment in the cases and in the manner provided for in this article.
“II. - The close-time trial procedure is applicable to minors who are sentenced to imprisonment greater than or equal to three years in the event of flogging, or greater than or equal to five years in the other cases. It can only be initiated if investigations into the facts are not necessary and if investigations into the personality of the minor have been carried out, if any, on the occasion of an earlier procedure of less than one year.
"III. - After having placed on the record of the proceedings the personality elements resulting from the investigations referred to in the II, the prosecutor of the Republic shall verify the identity of the minor who is referred to him and notify him of the facts which are charged to him in the presence of the lawyer of his choice or a lawyer designated by the staff member at the request of the public prosecutor if the minor or his legal representatives have not chosen a lawyer. Upon designation, counsel may consult the file and communicate freely with the minor.
"After receiving his comments and his lawyer's comments, the Public Prosecutor informs the minor that he is brought before the Children's Court to be tried at a hearing which he notifies the date and time and which must take place within a time limit that cannot be less than ten days or more than one month.
"If the proceedings are invalid, the formalities referred to in the preceding two paragraphs shall be the subject of a copy of which shall be given to the minor and which shall bring the juvenile court.
"IV. - Immediately after the formalities set out in the III, the prosecutor of the Republic shall bring the minor before the judge of the children so that he may be judged on his requisitions for either the detention under judicial review or the pretrial detention of the minor until the trial hearing.
"The judge of the children shall rule by reason of order which shall contain the statement of legal and factual considerations which constitute the basis of the decision, by reference, as appropriate, to the provisions of articles 137 or 144 of the Code of Criminal Procedure. After a conflicting debate in which he heard the prosecutor of the Republic, who was developing his requisitions, and then the observations of the minor and his lawyer. The Children ' s Judge may, where appropriate, hear the statements made by the representative of the service to which the minor was entrusted.
"The legal representatives of the minor are notified of the decision of the juvenile judge by any means. The order may be appealed to the board of instruction; the provisions of articles 187-1 and 187-2 of the Code of Criminal Procedure are then applicable.
"In all cases, where the judge of the children is not entitled to the requisitions of the public prosecutor, he or she may order the measures provided for in articles 8 and 10, if any, until the appearance of the minor.
"V. - The court for children seized under this article shall rule in accordance with the provisions of article 13, first paragraph, and article 14.
"It may, however, at the request of the parties, if it considers that the case is not in a position to be tried, refer to a next hearing within a period not exceeding one month, by deciding, if any, to commit the juvenile judge to carry out an additional information or order one of the measures provided for in sections 8 and 10. If the juvenile is in pre-trial detention or under judicial review, the court shall decide on a specially motivated decision on the maintenance of the measure. When the minor is in pre-trial detention, the judgment on the merits must be rendered within one month of the day of his first appearance before the court. In the absence of a decision on the merits upon expiry of this period, pretrial detention is terminated.
"The Children's Court may also, if it considers that additional investigations are necessary given the seriousness or complexity of the case, refer the case to the Public Prosecutor. When the minor is in pre-trial detention, the Children's Court pre-sentences the minor in pre-trial detention until his appearance before the juvenile judge or the investigating judge. This appearance must take place on the same day, if the defendant is not released from office.
"VI. - The provisions of this article shall also apply to minors between thirteen and sixteen years of age, provided that the sentence in question is at least five years of imprisonment, without the penalty being more than seven years. The prosecutor of the Republic may then request that the juvenile be placed under judicial review until he is brought before the juvenile court, in accordance with the provisions of Article 10-2, III, at a hearing to be held within ten days to two months. » ;
4° Article 8-2 reads as follows:
"Art. 8-2. - In correctional matters, the Attorney General of the Republic may, at any time of the proceedings, if he or she considers that sufficient investigations into the personality of the minor have been carried out, if any, on the occasion of a previous procedure, and that investigations into the facts are not or are no longer necessary, require the judge of the children that he or she order the appearance of minors either before the court for children or before the board within three months. The provisions of the last two paragraphs of Article 82 and the first two paragraphs of Article 185 of the Code of Criminal Procedure are then applicable, with the appeal or appeal of the Prosecutor ' s Office being brought before the President of the Special Chamber of Minors of the Court of Appeal or his replacement, who shall rule within fifteen days of his referral. The appeal or appeal of the public prosecutor will be brought to the attention of the minor, his legal representatives and his lawyer, who may submit any relevant comments in writing. » ;
5° Section 8-3 is repealed.
Article 21 of Order No. 45-174 of 2 February 1945, referred to above, is supplemented by a paragraph thus written:
"For police contraventions of the first four classes under section 706-72 of the Code of Criminal Procedure, the proximity judge shall exercise the powers of the police court under the conditions laid down in this section. »
I. - Order No. 45-174 of 2 February 1945 referred to above is amended as follows:
1° In the last paragraph of Article 20-2, after the words: "by minors", the words are inserted: "in a special district of a penitentiary institution, or in a specialized juvenile correctional facility";
2° After Article 20-8, an article 20-9 is inserted as follows:
"Art. 20-9. - In the event of a conviction of a minor between thirteen and eighteen years of age for a sentence of imprisonment with probation, the judge of the children in whose jurisdiction the minor has his habitual residence shall exercise the powers vested in the judge of the application of the sentences by articles 739 to 741-2 of the Code of Criminal Procedure until the expiry of the period of trial. The judge of the children, ex officio or at the request of the prosecutor of the Republic, shall also exercise the powers entrusted to the correctional court by sections 741-3 to 744-1 of the same code, in particular to order the revocation of the probation period in the event of violations of control measures or obligations imposed on the convicted person.
"The court of judgment may, if the personality of the minor justifies it, attach such penalty to any of the measures set out in Articles 16 and 19 of this order, such measures may be amended for the duration of the execution of the sentence by the juvenile judge. In particular, it may decide to place the minor in a closed educational centre under section 33.
"The court of judgment may, under the conditions set out in article 132-43 of the Criminal Code, establish the obligation to comply with the conditions of enforcement of the measures referred to in the preceding paragraph; failure to comply with this obligation may result in the revocation of probation and the enforcement of the prison sentence.
"The person responsible for the service who ensures the proper execution of the sentence must report to the public prosecutor and to the juvenile judge in the event of a minor's failure to comply with his or her obligations. »
II. - Section 744-2 of the Code of Criminal Procedure is repealed.
Article 33 of Order No. 45-174 of 2 February 1945 referred to above is as follows:
“Art. 33. - Closed educational centres are public institutions or private institutions authorized under conditions provided by decree in the Council of State, in which minors are placed under judicial review or probation. In these centres, minors are subject to monitoring and control measures to ensure a strengthened educational and educational follow-up and adapted to their personality. The violation of the obligations to which the minor is bound under the measures that have led to his or her placement in the centre may, as the case may be, result in the pre-trial detention or imprisonment of the minor.
"The authorization provided for in the previous paragraph can only be granted to institutions offering education and security adapted to the mission of the centres and continuity of service.
"At the end of the detention in a closed educational centre or, in the event of a revocation of the judicial review or probation, at the end of the detention, the juvenile judge shall take all measures to ensure the continuity of the juvenile's educational care for his/her sustainable reintegration into society. »
Section 34 of Order No. 45-174 of 2 February 1945 referred to above is reinstated:
“Art. 34. - When the minor is placed in one of the centres provided for in section 33, the family allowances are suspended. However, the juvenile judge may maintain them when the family participates in the moral or material care of the child or in order to facilitate the child's return to the home.
"The suspended family allowances are the only part represented by the child offender in the calculation of family allowances. »
I. - In the second paragraph of Article 322-1 of the Criminal Code, after the words: "is punished by 3,750 EUR of fine", the words are inserted: "and a working sentence of general interest".
II. - In the first paragraph of Article 322-2 of the same code, after the words: "7 500 EUR fine", the words are inserted: "and a working sentence of general interest".
III. - In the first paragraph of Article 322-3 of the same code, after the words: "15,000 EUR fine", the words are inserted: "and a working sentence of general interest".
I. - Article 222-12 of the Penal Code is amended as follows:
1° After the twelfth paragraph (11°), it is inserted a 12° as follows:
« 12° By a major acting with the help or assistance of a minor. » ;
2° In the second sentence of the penultimate paragraph, the words "1° to 10°" are replaced by the words "1° to 12°".
II. - Section 222-13 of the same code is amended as follows:
1° After the twelfth paragraph (11°), it is inserted a 12° as follows:
« 12° By a major acting with the help or assistance of a minor. » ;
2° In the second sentence of the last paragraph, the words "1° to 10°" are replaced by the words "1° to 12°".
After Article 311-4 of the Criminal Code, an article 311-4-1 is inserted as follows:
"Art. 311-4-1. - The flight is punishable by seven years in prison and 100,000 EUR in fine when committed by a major with the help of one or more minors, acting as perpetrators or accomplices.
"The penalties are increased to ten years in prison and EUR 150,000 in fine when the adult is assisted by one or more minors under thirteen years of age. »
In the first paragraph of Article 227-17 of the Criminal Code, the word "serious" is deleted.
Article 227-21 of the Criminal Code is amended as follows:
1° In the first paragraph, the words "usually crimes or offences" are replaced by the words "a crime or offence";
2° In the second paragraph, after the words: "a minor of fifteen years", the words are inserted: "that the minor is usually caused to commit crimes or offences".
After section 10 of Order No. 45-174 of 2 February 1945 referred to above, an article 10-1 is inserted as follows:
"Art. 10-1. - When summoned to the juvenile judge, the investigating judge, the juvenile court or the juvenile court, the legal representatives of the minor who are prosecuted may, on requisitions of the public prosecutor's office, be sentenced by the magistrate or the court to a civil fine whose amount cannot exceed EUR 3,750.
"This fine may be reported by the magistrate or the court who pronounced it if they subsequently make a decision on the summons.
"People sentenced to fine pursuant to the first paragraph may file an objection to the conviction in the correctional court within ten days of his notification. »
In the second paragraph of Article 14 of Order No. 45-174 of 2 February 1945 referred to above, after the words: "assisting the debates" are inserted the words: "the victim, whether or not she is a civil party".
I. - Article 8 of Order No. 45-174 of 2 February 1945 referred to above is supplemented by a paragraph thus written:
"When the penalty is greater than or equal to seven years and the juvenile is sixteen years old, he or she will not be able to render judgment in the board's chamber. »
II. - The fifth paragraph (3°) of article 9 of the same order is supplemented by the words: "However, when the penalty is greater than or equal to seven years and the minor is sixteen years old, the referral to the Children's Court is mandatory."
Article 35 of Order No. 45-174 of 2 February 1945 referred to above is reinstated:
“Art. 35. - Deputies and senators are allowed to visit at any time public or private institutions hosting juvenile offenders from their department. »
In the first paragraph of Article 2-15 of the Code of Criminal Procedure, after the words: "in a place or local open to the public" are inserted the words: "or in a private property for residential or professional use".
I. - The last three paragraphs of Article 77-2 of the Code of Criminal Procedure are deleted.
II. - In the first sentence of article 77-3 of the same code, the words: "in the first paragraph of" are replaced by the word "to".
The second sentence of the same article is deleted.
I. - After the first sentence of the first paragraph of Article 706-71 of the Code of Criminal Procedure, it is inserted a sentence as follows:
"In the same conditions, the presentation for the extension of custody or judicial restraint may be made by the use of audio-visual telecommunications means. »
II. - In article 22 of Act No. 2001-1062 of 15 November 2001 on daily security, after the words "of this chapter" are inserted the words ", with the exception of section 32,".
The Code of Criminal Procedure is amended as follows:
I. - Section 41-2 is amended as follows:
1° In the first paragraph, after the reference: "314-6," the reference is inserted: "321-1,"
2° At 3°, after the words: "driving permit" are inserted the words: ", for a maximum period of six months,"
3° After the 4°, it is inserted a 5° as follows:
« 5° Follow an internship or training in a health, social or professional service or organization for a period not exceeding three months within a period not exceeding eighteen months. » ;
4° The last sentence of the seventh preambular paragraph is deleted;
5° The fourth sentence of the tenth paragraph is deleted;
6° Before the last preambular paragraph, a subparagraph shall read:
"The criminal compositions carried out are listed in Bulletin No. 1 of the criminal record. »
II. - The first paragraph of Article 41-3 is supplemented by the words: "as well as for the contraventions whose list is fixed by decree in the Council of State".
III. - Article 768 is supplemented by a 9° as follows:
« 9° Criminal compositions, whose execution was found by the prosecutor of the Republic. »
IV. - Article 769 is supplemented by a 6° as follows:
« 6° The references to criminal composition, at the expiry of a period of three years from the day on which the execution of the measure was found, if the person did not, during that period, be sentenced to a criminal or correctional sentence, or perform a new criminal composition. »
V. - After the 13th of Article 775, it is inserted a 14° as follows:
« 14° The criminal compositions referred to in Article 768. »
The Code of Criminal Procedure is amended as follows:
1° Article 137-4 is as follows:
"Art. 137-4. - When, in the event of a requisition by the prosecutor of the Republic for pre-trial detention, the investigating judge considers that this detention is not justified and that he decides not to forward the case to the judge of freedoms and detention, he is required to rule without delay by a reasoned order, which is immediately brought to the attention of the prosecutor of the Republic. » ;
2° Section 137-5 is repealed;
3° The fourth paragraph of Article 143-1 is deleted;
4° The second sentence of the fourth paragraph of Article 144 is deleted;
5° Section 145-1 is supplemented by a paragraph to read as follows:
"On an exceptional basis, where the investigation of the investigating judge is to be prosecuted and the release of the person under review would cause a particular serious risk to the security of persons and property, the board may extend for a period of four months the duration of two years provided for in this section. The board of inquiry, to which the personal appearance of the accused is of law, is seized by a reasoned order of the judge of freedoms and detention in accordance with the terms set out in the last paragraph of section 137-1, and shall rule in accordance with the provisions of articles 144, 144-1, 145-3, 194, 197, 198, 199, 200, 206 and 207. » ;
6° After the second paragraph of Article 145-2, a sub-item is inserted as follows:
"On an exceptional basis, where the investigation of the investigating judge is to be pursued and the release of the person under review would cause a particular serious risk to the security of persons and property, the board may extend the duration of this section for a period of four months. The board of inquiry, to which the personal appearance of the accused is of law, is seized by a reasoned order of the judge of freedoms and detention in accordance with the terms set out in the last paragraph of section 137-1, and shall rule in accordance with the provisions of articles 144, 144-1, 145-3, 194, 197, 198, 199, 200, 206 and 207. This decision may be renewed once under the same terms and conditions. » ;
7° In section 207, the words "formed under section 137-5" are deleted.
I. - After Article 148-1 of the Code of Criminal Procedure, an article 148-1-1 is inserted as follows:
"Art. 148-1-1. - Where an order for the release of a person placed in pre-trial detention is issued by the judge of freedoms and detention or the investigating judge contrary to the requisitions of the prosecutor of the Republic, the order shall be immediately notified to that judge. For a period of four hours from the date of notification of the order of the public prosecutor, and subject to the application of the provisions of the last paragraph of this article, the person under review shall not be released and such decision shall not be sent for execution to the head of the prison.
"The Attorney General of the Republic may appeal the order to the Registrar of the Judge of Freedoms and Detention or the examining magistrate, at the same time seizing the first president of the Court of Appeal of a Referee-Detention, in accordance with the provisions of section 187-3; the appeal and the recall are mentioned on the order. The person under review and his or her lawyer are notified at the same time that the order is notified to them, which cannot be enforced, the person remaining in detention until the decision of the first president of the Court of Appeal and, where applicable, that of the board of inquiry. The person under review and his or her lawyer are also advised of their right to make written submissions to the first president of the Court of Appeal. Failure for the public prosecutor to have filed a rebuttal within four hours of the notification of the release order, the registrar shall have a reference to the registrar indicating the absence of a rebuttal, and the person shall be released unless the person is detained for another cause.
"If the prosecutor of the Republic, having taken detention requisitions, nevertheless considers that he does not have to oppose the immediate release of the person, and without prejudice to his right to appeal at a later date under section 185, he shall return the order to the magistrate who rendered it by mentioning that he does not object to his execution. The person is then released, if not detained for another cause. »
II. - After section 187-2 of the same code, an article 187-3 is inserted as follows:
"Art. 187-3. - In the case provided for in the second paragraph of Article 148-1-1, the prosecutor of the Republic who appeals an order of release contrary to his requisitions within four hours of his notification must, as soon as he is inadmissible, seize at the same time the first president of the Court of Appeal or, in the event of an incapacity, the magistrate who replaces him with a notice of withdrawal. The public prosecutor attached to his request the written comments justifying the continued detention of the person. The person under review and his or her lawyer may also make written submissions that they consider useful.
"The first president of the Court of Appeal or the magistrate who replaces him shall rule on or before the second working day of the application. During this period, the effects of the release order are suspended and the person remains detained. If not for the first president of the Court of Appeal or the magistrate who replaces him to rule within that period, the person is released unless he is detained for another cause.
"The first president of the Court of Appeal or the magistrate who replaces him shall rule, in the light of the elements of the proceedings, by a reasoned order that is not subject to appeal. At his request, counsel for the person being examined may make oral representations to the magistrate at a court hearing, which the Public Prosecutor's Office is advised to take, if any, his requisitions.
"If the first president of the Court of Appeal or the substitute magistrate considers that the person's continued detention is manifestly necessary in the light of at least two of the criteria set out in the provisions of section 144 until the board of inquiry decides on the appeal of the Public Prosecutor's Office, it orders the suspension of the effects of the order of release until that date. The person being examined may not be released until the hearing of the board of inquiry in which his or her personal appearance is of law; the board of the instruction must decide as soon as possible and at the latest within ten days of the appeal, failing which the person is released from office if he is not detained for another cause.
"In the opposite case, the first president of the Court of Appeal or the substitute magistrate orders that the person be released if he is not detained for another cause.
"Unfortunately, the magistrate having ruled on the request for a rebuttal shall not be part of the composition of the board of instruction which shall rule on the appeal of the public ministry.
"The transmission of the record of the proceedings to the first president of the Court of Appeal or to the substitute magistrate may be made by fax. »
III. - The provisions of I and II will come into force on 1 November 2002.
IV. - The second paragraph of section 148-2 of the same code is replaced by two paragraphs as follows:
"When the person has not yet been tried in the first instance, the court seized shall rule within ten days or twenty days of receipt of the application, as it is of the first or second degree. Where the person has already been tried first and is pending appeal, the court before the appeal shall decide within two months of the application. When the person has already been tried second and has filed a cassation appeal, the court before it shall decide within four months of the application.
"However, when, on the day of receipt of the application, it has not yet been decided either on a previous application for release or release of judicial review, or on the appeal of a previous decision for refusal to release or release of judicial review, the deadlines set out above begin to run only after the decision of the competent court. In the absence of a decision on the expiry of the deadlines, the accused is terminated by judicial review or pre-trial detention, if he is not detained for another cause, being released from office. »
V. - At the beginning of the second paragraph of section 183 of the same code, the reference: "145, first paragraph" is replaced by the reference: "137-3, second paragraph".
VI. - The fifth paragraph of article 199 of the same code is supplemented by a sentence as follows:
"If the person has already appeared before the board of inquiry less than four months before, the president of that court may, in the event of an appeal of an order rejecting an application for release, refuse the person's personal appearance by a reasoned decision that is not subject to any appeal. »
I. - The Code of Criminal Procedure is amended as follows:
1° In the first paragraph of article 80-2, the words: "one month" are replaced by the words: "two months";
2° Section 86 is supplemented by a paragraph to read:
"When the examining magistrate makes an order for refusal to inform, he may apply the provisions of sections 177-2 and 177-3. » ;
3° After section 177-2, an article 177-3 is inserted as follows:
"Art. 177-3. - Where the civil party is a legal entity, the civil fine provided for in Article 177-2 may be pronounced against its legal representative, if the bad faith of the latter is established. » ;
4° The last paragraph of section 186 is supplemented by a sentence as follows:
"The same is true when the appeal is made, after the expiry of the period provided for in the fourth paragraph of this section, of any order of the examining magistrate or when the appeal has become irrelevant. » ;
5° In the first sentence of the first paragraph of Article 706-58, the words "five years" are replaced by the words "three years".
II. - Article 434-15-1 of the Criminal Code, after the words: "in front of the examining magistrate" are inserted the words: "or before a judicial police officer acting on a rogatory commission".
The Code of Criminal Procedure is amended as follows:
I. - Article 395 is amended as follows:
1° In the first paragraph, the words "without exceeding seven years" are deleted;
2° In the second paragraph, the words "at least one year without exceeding seven years" are replaced by the words "at least six months".
II. - In the third paragraph of Article 396, the words: "by Articles 135 and 145-1, fourth paragraph" are replaced by the words: "by Article 137-3, first paragraph".
III. - Article 397-1 is supplemented by a paragraph as follows:
"When the sentence in question exceeds seven years of imprisonment, the accused, informed of the extent of his rights, may request that the case be referred to a hearing that must be held within a period of time that may not be less than two months, without being more than four months. »
IV. - Section 397-3 is amended as follows:
1° In the second paragraph, the references: "145, first paragraph, 145-1, fourth paragraph", are replaced by the reference: "137-3, first paragraph",
2° The third paragraph reads as follows:
"When the accused is in pre-trial detention, the judgment on the merits must be rendered within two months after the day of his first appearance before the court. In the absence of a decision on the merits upon expiry of this period, pretrial detention is terminated. The defendant, if he is not detained for another cause, is released from office. » ;
3° The article is supplemented by a paragraph to read:
"When the provisions of the second paragraph of Article 397-1 have been applied, the period provided for in the preceding Article shall be extended to four months. »
V. The second paragraph of Article 397-4 is as follows:
"The court shall rule within four months of the appeal of the judgment rendered on the merits filed by the inmate defendant, failing which the inmate, if he is not detained for another cause, shall be released from office. »
Article 398-1 of the Code of Criminal Procedure is amended as follows:
1° At 5°, after the reference: « 433-5 », the references are inserted: « 433-6 to 433-8, first paragraph, 433-10, first paragraph, » ;
2° After the 7°, it is inserted an 8° as follows:
« 8° The offences for which a sentence of imprisonment is not incurred, except for press offences. »
After Article 494-1 of the Code of Criminal Procedure, a section 7 is inserted as follows:
“Section 7
“From the simplified procedure
"Art. 495. - may be subject to the simplified procedure provided for in this section the offences provided for in the road code.
"This procedure is not applicable:
« 1° If the defendant was under the age of eighteen on the day of the offence;
« 2° If the victim made, during the course of the investigation, an application for damages or restitution, or made a direct reference to the defendant before the order under section 495-1 was issued;
« 3° If the offence under the Highway Code was committed at the same time as a contravention or an offence of involuntary homicide or involuntary harm to the integrity of the person.
"The Public Prosecutor's Office can only use the simplified procedure when it results from the judicial police investigation that the facts charged to the accused are established and that the information concerning the personality of the accused, including his or her charges and resources, is sufficient to allow the sentencing to be determined.
"Art. 495-1. - The public prosecutor who chooses the simplified procedure communicates to the president of the court the file of the prosecution and its requisitions.
"The President shall rule without pre-debate by a criminal order that relaxes or condemns a fine and, where appropriate, one or more of the additional penalties that may be imposed as a principal penalty.
"If the judge considers that a conflicting debate is useful or that a sentence of imprisonment should be imposed, the judge shall refer the matter to the Public Prosecutor's Office.
"Art. 495-2. - The order mentions the names, names, date and place of birth and domicile of the defendant, the legal qualification, the date and place of the charge, the mention of the applicable texts and, in case of conviction, the sentence or sentence imposed.
"The criminal order must be motivated, in particular with regard to the provisions of the last paragraph of Article 495.
"Art. 495-3. - As soon as it is rendered, the criminal order is forwarded to the Public Prosecutor's Office, which, within 10 days, may either file an objection to the court's office or continue its execution.
"This order is notified to the defendant by registered letter with a request for notice of receipt.
"The defendant is informed that he has a period of forty-five days from the date of this notification to file an opposition to the order and that this opposition will allow the case to be the subject of an adversarial and public debate before the correctional court, during which he may be assisted by a lawyer, of whom he may request the commission of office. The accused is also informed that the correctional court, if he considers him guilty of the charges against him, will be given the opportunity to impose a prison sentence on him if he is charged with the offence under the order.
"In the absence of opposition, the order is executed according to the rules set out in this Code for the execution of correctional judgments.
"However, if it does not result from the notice of receipt that the defendant has received the notice of notification, the opposition remains admissible until the expiry of a 30-day period that runs from the date on which the person concerned has been aware, on the one hand, of the conviction, either by an act of execution or by any other means, on the other hand, of the period and forms of the opposition which are open to him.
"The Treasury Accountant shall determine the recovery upon receipt of the notice of opposition to the criminal order established by the Registry.
"Art. 495-4. - In the event of opposition by the Public Prosecutor's Office or the accused, the case is brought to the hearing of the Correctional Court. The default judgment on the defendant's opposition is not subject to opposition.
"Up to the opening of the proceedings, the defendant may expressly waive his opposition. The criminal order then resumes its enforceable force and a new opposition is not admissible.
"Art. 495-5. - The criminal order, to which it was not filed opposition or which was not brought by the Public Prosecutor's Office at the hearing of the Correctional Court, has the effects of a judgment passed in force of a judgment.
"However, it does not have the authority of the matter judged in respect of civil action in compensation for damage caused by the offence.
"Art. 495-6. - The provisions of this section do not fail the rights of the injured party to quote the perpetrator before the correctional court.
"The court shall rule only on civil interests if the criminal order has acquired the force of the tried thing. »
The Code of Criminal Procedure is amended as follows:
I. - Article 215 is supplemented by a paragraph as follows:
"The indictment is notified to the accused in accordance with the provisions of the second paragraph of Article 183. »
II. - In section 215-2, the words: "from the date on which the indictment decision became final" are replaced by the words: "from the date on which the indictment decision became final if it were already detained, or from the date on which it was subsequently placed in pretrial detention."
III. - Section 268 is repealed.
IV. - The second paragraph of section 367 is amended as follows:
1° The first sentence is supplemented by the words: ", without prejudice to the accused of his right to apply for release in accordance with the provisions of Articles 148-1 and 148-2;
2° The last three sentences are deleted.
After the sixth preambular paragraph of Article 722 of the Code of Criminal Procedure, a sub-paragraph is inserted as follows:
"The judge of enforcement of sentences may, with the consent of the prosecutor of the Republic and that of the convict or his lawyer, award one of the measures mentioned in the preceding paragraph without a conflicting debate. »
Before the last paragraph of Article 433-5 of the Criminal Code, a paragraph is inserted as follows:
"When addressed to a person in charge of a public service mission and the facts have been committed within a school or educational institution, or, on the occasion of the student's admissions or outings, on the outskirts of such an institution, contempt is punishable by six months' imprisonment and 7 500 EUR' fine. »
I. - In the first paragraph of Article 421-4 of the Criminal Code, the words: "Fifteen years of criminal detention and EUR 225 000 of fine" are replaced by the words: "20 years of criminal detention and EUR 350,000 of fine".
II. - After article 706-24-2 of the Code of Criminal Procedure, an article 706-24-3 is inserted as follows:
"Art. 706-24-3. - For the investigation of the offence of association of criminals provided for in Article 421-5 of the Criminal Code, the total duration of the pretrial detention provided for in the second paragraph of Article 145-1 is extended to three years. »
I. - Before the last paragraph of Article L. 33-3 of the Post and Telecommunications Code, a paragraph shall read as follows:
« 7° Radio-electric facilities to make inoperative in the penitentiary premises, both for the broadcast and for the reception, mobile telecommunications devices of all types. »
II. - In the last paragraph of the same article, after the words: "specified above" are inserted the words: ", with the exception of those provided at 7°,".
I. The Public Health Code is amended as follows:
1° As part I of Book II of Part III, a chapter IV is created entitled "Hospitalization of persons detained with mental disorders";
2° Chapter IV becomes chapter V and articles L. 3214-1 to L. 3214-4 become articles L. 3215-1 to L. 3215-4;
3° In the new chapter IV, articles L. 3214-1 to L. 3214-5 are created as follows:
"Art. L. 3214-1. - The hospitalization, with or without his or her consent, of a person detained with mental disorders is carried out in a health facility within a specially appointed unit.
"Art. L. 3214-2. - Subject to restrictions made necessary by their capacity as a detainee or, in the case of persons hospitalized without their consent, by their state of health, articles L. 3211-3, L. 3211-4, L. 3211-6, L. 3211-8, L. 3211-9 and L. 3211-12 are applicable to inmates hospitalized because of their mental disorders.
"When the judge of freedoms and detention orders, pursuant to Article L. 3211-12, an immediate release of a person detained in hospital without his or her consent, this release is notified without delay to the prison by the prosecutor of the Republic. The return to detention is organized under the conditions provided by the decree in the Council of State referred to in Article L. 3214-5.
"Art. L. 3214-3. - When a detained person requires immediate care with constant supervision in the hospital, due to mental disorders making his or her consent impossible and constitute a danger to himself or to others, the police prefect in Paris or the representative of the state of the department in which the prisoner's posting is located, pronounces by order, in the light of a circumstantial medical certificate, his or her hospitalization in a specially designed unit of health.
"The medical certificate cannot be issued from a psychiatrist in the reception facility.
"Prefectural orders are motivated and state precisely the circumstances that have made the necessary hospitalization.
"In the twenty-four hours following the admission, the director of the host institution shall transmit to the representative of the State in the department or, in Paris, to the prefect of the police, as well as to the commission mentioned in article L. 3222-5, a medical certificate established by a psychiatrist of the institution.
"These orders are registered in the register provided for in the last paragraph of Article L. 3213-1.
"Art. L. 3214-4. - The extension of hospitalization without the consent of a person detained with mental disorders is carried out under the conditions set out in sections L. 3213-3, L. 3213-4 and L. 3213-5.
"Art. L. 3214-5. - The conditions for the custody, escort and transport of hospitalized prisoners due to their mental disorders are set by decree in the State Council. »
II. - Pending the care of specially appointed hospital units referred to in Article L. 3214-1 of the Public Health Code, the hospitalization of persons detained with mental disorders continues to be ensured by a regional medical-psychological service or a health institution authorized under the conditions prescribed by the regulatory provisions laid down in Articles L. 6112-1 and L. 6112-9 of the same Code.
The Code of Criminal Procedure is amended as follows:
I. - Section 138 is amended as follows:
1° After the 16th, a sub-item is inserted:
"The obligation under 2° may be enforced, with the consent of the individual who was raised in the presence of his lawyer, under the electronic supervision regime, using the procedure provided for in 723-8. Sections 723-9 and 723-12 are applicable, the examining magistrate exercising the powers assigned to the enforcement judge. » ;
2° In the last paragraph, after the word "judicial", the words "and placement under electronic surveillance" are inserted.
II. - Section 144-2 is repealed.
III. - The last paragraph of Article 723-7 is supplemented by a sentence as follows:
"Electronic supervision also imposes an obligation on the convicted person to respond to the summons of any public authority designated by the judge of enforcement of sentences. »
IV. - Section 723-9 is amended as follows:
1° After the second preambular paragraph, a sub-item reads as follows:
"The implementation of the technical mechanism for remote control can be entrusted to a person of private law authorized under conditions established by decree in the Council of State. » ;
2° The third paragraph reads as follows:
"Within the limits of the periods set out in the electronic surveillance placement decision, the prison officers responsible for the control may travel to the place of the summons to ask the convicted person to meet. They may not, however, enter the person's home where the control is performed without the consent of the person. These officers immediately report to the judge on the application of the penalties for their diligence. »
V. - In the first paragraph of Article 723-13, the words: "of non-observance of the conditions of execution found during a control at the place of assignment" are replaced by the words: "of non-observance of the prohibitions or obligations set out in the last paragraph of Article 723-7, of notorious misconduct".
The first two paragraphs of Article 717 of the Code of Criminal Procedure are replaced by a paragraph as follows:
"Convicts are serving their sentences in a penal institution. »
I. - The last paragraph of Article 720 of the Code of Criminal Procedure is supplemented by a sentence as follows:
"The proceeds of the work of the inmates are not subject to any deduction for maintenance costs in prison. »
II. - The provisions of I shall take effect on 1 January 2003.
After Article 720 of the Code of Criminal Procedure, an article 720-1 AA is inserted as follows:
"Art. 720-1 AA. - Inmates may work on their own behalf with the authorization of the head of institution. »
Section L. 222-5 of the Administrative Justice Code is repealed.
I. - Article L. 232-2 of the Administrative Justice Code is amended as follows:
1° The first sentence of the sixth preambular paragraph is supplemented by the words: "and detached agents for more than two years in that body";
2° The last paragraph is supplemented by a sentence as follows:
"However, the detached officers elected to the Superior Council resign their term as soon as their detachment ends. »
II. - The provisions of I will come into force on 1 January 2003.
In section 3 of chapter II of title III of Book II of the Administrative Justice Code, an article L. 232-4-1 is inserted as follows:
"Art. L. 232-4-1. - The Supreme Council of Administrative Courts and Administrative Courts of Appeal always sits in the same composition, regardless of the hierarchical level of the judges whose case is examined. »
Article L. 233-6 of the Administrative Justice Code is as follows:
"Art. L. 233-6. - Until 31 December 2007, additional recruitment of consultants can be made through competition.
"The number of additional recruitment positions cannot exceed three times the number of positions offered each year in the body of administrative tribunals and administrative appeal courses for students who graduate from the National School of Administration and for candidates outside the school.
"The contest is open:
« 1° To civil servants and other civil or military public officials belonging to a category A body or assimilated and justifying, as at 31 December of the year of the seven-year competitive examination of effective public services, including three years in category A;
« 2° To judicial officers;
« 3° To the holders of one of the required diplomas to attend the first entrance competition at the National School of Administration. »
In article L. 233-7 of the Administrative Justice Code, the words: "In exceptional capacity and until December 31, 2004" are deleted.
After section 5 of chapter III of title III of Book II of the Administrative Justice Code, a section 6 is inserted as follows:
“Section 6
“End of functions
"Art. L. 233-9. - Members of the administrative tribunals and administrative appeals courts shall be held in office, unless otherwise requested, until June 30 or December 31 of the current year as they have reached the age limit during the first or second semester. »
Sections 1, 2 and 5 of Act No. 80-511 of 7 July 1980 on the recruitment of members of administrative tribunals are repealed.
After section 3 of chapter II of title II of Book I of the Administrative Justice Code, a section 4 is inserted as follows:
“Section 4
“The Justice Assistants
"Art. L. 122-2. - may be appointed to the Council of State, as assistants of justice, persons meeting the conditions laid down in Article L. 227-1.
"These assistants are appointed for a period of two years renewable twice. They are held in professional secrecy under the penalties provided for in Article 226-13 of the Criminal Code.
"A decree in the Council of State specifies the modalities for the application of this article. »
After Chapter VI of Title II of Book II of the Code of Administrative Justice, a chapter VII is inserted as follows:
“Chapter VII
“The Justice Assistants
"Art. L. 227-1. - Can be appointed, as assistants of justice to members of the administrative tribunals and administrative appeals courses, persons with a degree sanctioning a legal education of at least four years of higher education after the baccalaureate and that their competence qualifies particularly for exercising these functions.
"These assistants are appointed for a period of two years renewable twice. They are held in professional secrecy under the penalties provided for in Article 226-13 of the Criminal Code.
"A decree in the Council of State specifies the modalities for the application of this article. »
At the end of the first sentence of the second paragraph of Article 20 of Act No. 95-125 of 8 February 1995 on the organization of jurisdictions and civil, criminal and administrative proceedings, the words: "once" are replaced by the words: "twice".
Article 53-1 and the third paragraph of Article 75 of the Code of Criminal Procedure are replaced by six paragraphs as follows:
"The officers and judicial police officers inform victims of their right by any means:
« 1° To obtain compensation for the harm suffered;
« 2° To form a civil party if the public action is put into motion by the prosecutor or by direct citing the author of the facts before the competent court or by filing a complaint with the investigating judge;
« 3° To be, if they wish to form a civil party, assisted by a lawyer whom they may choose or who, at their request, will be designated by the Bar Association at the competent court, the costs being borne by the victims unless they meet the conditions of access to legal aid or if they receive legal protection insurance;
« 4° To be assisted by a service from one or more public communities or by a contracted victim assistance association;
« 5° In the event of an offence referred to in sections 706-3 and 706-14, the commission of compensation for the victims of an offence must be seized. »
After Article 40 of the Code of Criminal Procedure, an article 40-1 is inserted as follows:
"Art. 40-1. - When the victim wishes to form a civil party and requests the appointment of a lawyer after having been informed of this right pursuant to 3° of articles 53-1 and 75, the prosecutor of the Republic, notified by the officer or the judicial police officer, if he decides to put the public action in motion, promptly informs the Bar Association.
"In the opposite case, he indicates to the victim, by notifying him of the classification of his complaint, that he or she may directly address his or her application for designation with the sticker if she maintains her intention to obtain compensation for her injury. »
After section 9-1 of Act No. 91-647 of 10 July 1991 on legal aid, an article 9-2 is inserted as follows:
"Art. 9-2. - The condition of resources is not required for victims of crimes of voluntary violations to the life or integrity of the person provided for and punished by articles 221-1 to 221-5, 222-1 to 222-6, 222-8, 222-10, 222-14 (1° and 2°), 222-23 to 222-26, 421-1 (1°) and 421-3 (1° to 4°) of the Criminal Code, as well as »
I. - The Code of Criminal Procedure is amended as follows:
1° After section 74, an article 74-1 is inserted as follows:
"Art. 74-1. - When the disappearance of a minor or a protected adult has just taken place or is found, judicial police officers, if any assisted by judicial police officers, may, on instructions from the Public Prosecutor, proceed to the acts provided for in sections 56 to 62, for the purpose of discovering the missing person. Following a period of eight days from the instructions of this magistrate, these investigations may continue in the form of the preliminary investigation.
"The prosecutor of the Republic may also request the opening of an information to investigate the causes of disappearance.
"The provisions of this section are also applicable in the event of the disappearance of a major of a disturbing or suspect nature in the circumstances, age or state of health. » ;
2° After 80-3, an article 80-4 is inserted, as follows:
"Art. 80-4. - During the course of the investigation of the causes of death or the causes of an disappearance referred to in articles 74 and 74-1, the investigating judge shall proceed in accordance with the provisions of Chapter I of Title III of Book I. Interceptions of communications-related correspondence shall be conducted under its authority and control under the conditions set out in the second paragraph of section 100 and sections 100-1 to 100-7. Interceptions cannot exceed a renewable period of two months.
"Family members or relatives of the deceased or missing person may constitute a civil party as an incident. However, in the event of the discovery of the disappeared person, the address of the disappeared person and the documents allowing to have direct or indirect knowledge of that address may only be communicated to the civil party with the consent of the interested party if it is a major and with the consent of the investigating judge if it is a minor or a protected adult. »
II. - Section 26 of Act No. 95-73 of 21 January 1995 on security orientation and programming is amended as follows:
1° The third paragraph reads as follows:
"The disappearance declared by the spouse, the concubine, the partner bound by a civil pact of solidarity, a descendant, an ascendant, a brother, a sister, a relative, the legal representative or the employer must immediately be investigated by the police and gendarmerie. » ;
2° The fourth preambular paragraph is deleted;
3° After the fourth preambular paragraph, three sub-items are inserted:
"The heads of service of the National Police or units of the National Gendarmerie shall conduct any research and hearings relevant to the investigation, of which they shall produce a detailed report or a report if necessary.
"In the course of this investigation, heads of service of the national police or units of the national gendarmerie may directly request public bodies or private institutions holding nominal files, without being able to object to the obligation to secrecy, be provided with any information to locate the person under investigation.
"The prosecutor of the Republic is informed of the disappearance of the person, as soon as the evidence is discovered that the commission of an offence is presumed or where the provisions of section 74-1 of the Code of Criminal Procedure are likely to be applied. » ;
4° The last paragraph is as follows:
"When the prosecutor of the Republic enforces the provisions of Article 74-1 of the Code of Criminal Procedure, the administrative research provided for in this article shall be terminated. »
Article L. 142-5 of the road code is as follows:
"Art. L. 142-5. - In addition to the agents referred to in Article L. 130-4, the police officers of the departmental community of Mayotte made available to the State, under the conditions provided for in Article 879-1 of the Code of Criminal Procedure, have jurisdiction to ascertain by record the contraventions provided for by the Regulation Party of this Code or by other regulatory provisions as they relate to road safety and traffic. The list of offences that these agents are entitled to see is set by decree in the Council of State. »
I. - The Government is authorized, under the conditions provided for in Article 38 of the Constitution and subject to the competence of the organic law, to take, by order, the legislative measures to:
1° Make applicable this Act, if any with the necessary modifications, in New Caledonia, French Polynesia, the Wallis and Futuna Islands and the French Southern and Antarctic Lands, and make applicable to Mayotte titles I and II, chapters II to IV of heading V, sections 61, 63 and 65 and II of section 66 of this Act;
2° Make applicable in the same communities, with necessary modifications, the provisions of articles 20 to 26 of Act No. 95-125 of 8 February 1995 relating to the organization of jurisdictions and civil, criminal and administrative proceedings;
3° Integrate, in the public service of the State, the agents of the territory of French Polynesia and the departmental community of Mayotte assigned to the prison services;
4° Delete the board of the administrative litigation of the Wallis and Futuna Islands and make applicable in this territory the legislative provisions of the Administrative Justice Code.
II. - Draft orders are submitted for advice:
1° When their provisions are related to French Polynesia, New Caledonia or Mayotte, to the competent institutions provided for by Organic Law No. 96-312 of 12 April 1996 on the status of autonomy of French Polynesia, by Organic Law No. 99-209 of 19 March 1999 on New Caledonia and by Article L. 3551-12 of the General Code of Territorial Communities;
2° When their provisions are related to the Wallis and Futuna Islands, the territorial assembly of the Wallis and Futuna Islands. The notice is then issued within one month; this expired period, the notice is deemed to have been given.
The draft orders with provisions relating to French Polynesia are also submitted to the assembly of this territory.
III. - Orders will be made by the last day of the twelfth month following the promulgation of this Act. The bill to ratify these ordinances shall be tabled before Parliament no later than the last day of the fifteenth month following the promulgation of this Act.
Article 140 of the mining code is supplemented by a paragraph as follows:
"The Attorney General of the Republic may order the destruction of the material used to commit the offence(s) found in a record where there is no reasonably feasible technical measures to permanently prevent the renewal of the offence(s). »
A N N E X E
The objective of the Guidance and Programming Act is to improve the effectiveness of justice by strengthening its capacity, facilitating access to the judge and developing the effectiveness of the criminal response to the crime of both adults and minors.
These objectives are set out in the present report.
I. - AGAINST EFFICIENCY OF JUSTICE
FOR CITOYENS
A. - Allowing justice to cope with the increase of its burdens and the development of its missions
1. Reduce processing time
Civil and criminal cases
Responding to an essential expectation of the French, the means of the courts will be developed in order to reduce delays in judgment and pending business stocks.
The objective is to reduce the average processing time for civil cases to 12 months in appeals courts, six months in high-instance courts and three months in court proceedings. Similarly, the number of jurisdictions will be adjusted to remove bottlenecks that affect the chain of criminal cases, whose specific means will now be specifically identified. Finally, efforts will be made to improve the processing time for cases brought before specialized non-criminal courts.
At the same time, there is a need to significantly increase the number of officers placed, whether magistrates, chief clerks or registrars, in order to address the vacancies and ensure continuity of service in all courts and tribunals.
The creation of these jobs will be accompanied by a modernization of the organization and working methods of the courts:
- the policy of contractualization by objective with the courts, initiated with the contracts of resorption of stocks in the appeals courts, will be generalized;
- the participation of judicial officers in administrative commissions represents a heavy burden, corresponding to approximately 130,000 hours of work per year. In this way, it is planned to take an approach to the withdrawal of these magistrates from boards of a purely administrative nature or in which the judicial institution is not intended to appear, in view of its duties;
- the magistrate must focus on his judicial tasks and be surrounded by a team. This is why the Clerks' missions will be extended, to truly assist the magistrate in the preparation of records and documentary research. These registrars will also draft decisions and requisites as indicated by the magistrates;
- in addition, without prejudice to the territorial mesh of judicial settlements, it is envisaged to pool human resources and budgetary resources, within the framework of a future "Trial Court", in order to achieve a more coherent management of the courts of large instance, of instance and of proximity.
2. Mastering public policies
calling for the intervention of the judicial authority
A recent phenomenon, the conduct of public policies by the judicial institution, and especially by the prosecutors, has developed significantly in recent years. This is an essential condition for the action of justice and especially for the public policy of prosecutors related to its anti-crime missions.
Whether carried out by justice or in partnership with other institutions, the maintenance and development of these actions require the creation of job opportunities for judges and public servants, if they are not fully completed, or the processing of litigation is affected.
B. - Bringing the justice of the citizen closer
and create a true community justice
In order to respond to the need for more accessible, simpler and more effective justice to resolve the disputes of everyday life in both civil and criminal matters, it is planned to create a local jurisdiction.
They will not be career judges, but persons with professional competence or experience who are particularly qualified to perform judicial functions.
The jurisdiction will see its expanded jurisdiction.
The generalization of the single registry offices will improve the personalized reception of the vigilante by offering a single point of entry to several jurisdictions.
In addition, letters and requests from law enforcement officials calling the attention of the Minister of Justice, keeping seals, to the problems of the functioning of the courts deserve special attention as well as timely, consistent and appropriate treatment. The creation at the chancellery of a centralized service dealing with all requests from individuals will result in a precise response to the applicants as soon as possible. It will also define the general actions to be taken to improve the functioning of justice based on the analysis of the problems encountered and possible malfunctions.
C. Strengthening administrative justice
in the sense of celerity
The continued increase in litigation before administrative tribunals (more than 20% over the past five years) results in too long judgement periods: one year and nine months before administrative tribunals and three years and one month before administrative appeals.
Administrative jurisdictions must be provided with the necessary means to address the current delay and to cope with the predictable influx of litigation in the coming years.
The aim is to bring back to a year all the deadlines for judgment after the programming period, as is the case before the Council of State.
Three components are planned:
1. Increase staffing
The staffing will be strengthened by the recruitment of magistrates and the creation of employment of civil servants to strengthen the offices of the courts and the administrative departments of the State Council. Judicial assistants will also be recruited to assist the judicial tasks of the members of the Council of State and the magistrates of the administrative tribunals and the administrative courts of appeal.
The attractiveness of the administrative tribunals and administrative appeal courts will be strengthened.
2. Strengthen existing capacity
and Investment
Investments will be undertaken to enable the rehabilitation, extension or relocation of existing jurisdictions, as well as the establishment of three new jurisdictions (an administrative court of appeal in the Paris region and two administrative tribunals).
New means will be allocated to the operation of administrative jurisdictions as well as to the improvement of the computer tool.
3. Engaging reforms
Already, the law contains provisions necessary for the realization of these objectives: extension during the duration of the programming law of the complementary recruitment examination regime and the continuation of the possibility for administrative magistrates to be kept over the age limit; creating a legal framework for the recruitment of justice assistants.
Other reforms will need to be implemented to improve the effectiveness of administrative justice, and in particular, to combat the encroachment of administrative appeals courses.
In addition, after the creation in the Paris region of a new administrative court of appeal, will intervene the transfer of the Council of State to the Courts of Appeals, the appeal against the judgments relating to the Orders of Reappointment to the Border, whose principle was laid down by article 22 bis of the order of 2 November 1945 concerning the conditions of entry and residence of foreigners in France.
D. - Developing efficiency
Judicial Administration
1. Strengthen the effectiveness of central services
The central administration is not in sufficient capacity to deal with the tasks of preparing texts or following international negotiations, while the complexity of these fields of intervention continues to grow. Similarly, the management capacity it has provided has not followed those it is overall responsible for administering. The impact studies of draft legislative and regulatory texts are still insufficient, as well as the steering functions of the disconcerned administration services.
In order to achieve the objectives set out in this Programming Act, the organization of the central administration of the Ministry of Justice must be adapted but also strengthened.
The management and technical and legal expertise functions will be strengthened quantitatively and qualitatively as well as the attractiveness of central administration functions. These reinforcements will largely be assigned to the support functions of the courts and the deconcentrated services (immobility, computers). The working conditions of its officers will be improved. The department's real estate policy and the IT development policy will be reassessed and developed.
2. Upgrade training services
and administration of judicial courts
In order to meet the expansion of its missions and the increase in the number of staff to be trained, the National School of the Judiciary will see its educational and administrative supervision, as well as its strengthened logistical and financial resources. Its locations in Bordeaux and Paris will be adapted accordingly. A five-year target contract will be established for this purpose.
The National Registry School will have increased resources to be able to train staff as part of massive retirements (60% of category A and B bodies between 2002 and 2020) and to provide initial training for approximately 3,500 trainees over the next five years. At the same time, a statutory reform will redefine the duration and content of the training provided.
To effectively manage a real estate park with a total of 1,800,000 square metres, the call courses will benefit from the expertise of high-level technicians.
As part of the deconcentration implemented within the judicial services for staff and credits, the regional administrative services and the budgetary units of the judicial borough will be developed taking into account the implementation of the Organic Law of 1 August 2001 on the Financial Laws.
The professionalization of personnel and the strengthening of the capacity of regional administrative services in budgetary, real estate and information technology will continue.
3. Improving financial treatment and progress
Professional careers in courts
The training, responsibilities and professionalism of judges and judicial officials must be better recognized and taken into account.
For transplant officials, the specificity of their functions related to the constraints of judicial activity will also be recognized.
Better consistency between the grafting professions and the statutes of the staff concerned will be sought.
Taking into account the effective burden of the activity will be ensured by a modulation of compensation schemes.
E. - Improving equipment and material functioning, including information technology, judicial courts
1. Better consider real estate needs
courts
Jurisdictions' heritage represents a million square metres of judicial useful area, i.e. 1,800,000 square metres of non-network area (SHON), spread over more than one thousand jurisdictions and nearly eight hundred sites.
Despite a first program of new constructions carried out over the past decade, it remains stubborn and inadequate, and too often below the standards of safety and accessibility of public buildings.
In addition, the deficit in judicial areas remains important. A significant strengthening of the allocation for this purpose will be planned.
Protection measures and, in particular, custodial custodial measures, including through increased outsourcing of service to specialized companies, must also be provided with additional funding. It is the protection of the State's personal, user and real estate.
2. Ensure the effective functioning of courts
The installation of new magistrates and public servants leads to the needs of first furniture and computer equipment and generates perennial operating expenses related to their activity. These means, inseparable from job creations, are essential to ensure the effectiveness of judicial activity.
3. Developing the use of computing
courts
Jurisdictions must be equipped with modern and efficient information technology.
The development of internal and external computer networks will promote electronic communication with judicial officers, both in civil and criminal matters, exchanges with other jurisdictions, in particular with police and gendarmerie services, as well as the sharing of information between the central government and the courts.
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The achievement of these objectives, which will enable the justice system to meet the increase in its burdens and the development of its missions, will result in the creation of 4,397 jobs, of which 3,737 for judicial services, 480 for administrative courts and 180 for central administration: 1,329 MEUR (including job costs) will be devoted to these objectives in ordinary expenses as well as, for investments, 382 MEUR for authorizations
The operational requirements will include the provision of vacations, allowing the recruitment of 3,300 local judges.
II. - ADAPTER THE PENAL RIGHT TO THE DEVELOPMENT OF THE PENAL RESPONSE
A. - Adapting criminal law and criminal procedure
the evolution of crime
The successive reforms of the criminal procedure introduced in recent years have led to a growing complexity of the applicable rules that, in many cases, weaken the effectiveness of the repression and severely undermine the authority of the State by letting the perpetrators of offences and exasperation develop a sense of impunity among our fellow citizens.
It is already important to make simplifications in order to refocus judges involved in criminal matters on their first missions. It is also necessary to facilitate the prosecution of criminal cases and to better take into account new forms of crime.
B. - Implement conditions for treatment
judicial review of the criminal response
1. Reducing deadlines for trial of criminal cases
The number of magistrates and judicial officials will be greatly increased in order to reduce the processing time for criminal cases and to increase the number of prosecutions. In this same context, the modalities for the identification of experts and the monitoring of expertise should be reviewed.
2. Enhancing support for associations
upstream of criminal convictions
This strengthening will enable the development of rapid social investigations, personality surveys and socio-educational judicial review measures to provide criminal courts with the means to better adjust the sanction.
3. Reduce deadlines for enforcement of sentences
The jobs of prosecutors and public officials created to help reduce the time limits of criminal judgment will be used, in part, to strengthen the enforcement of sentences, in order to quickly enforce the sentences imposed and, in particular, to reduce the time limit for the execution of contradictory judgments to about three months. To better identify needs, an evaluation grid and performance and timeline indicators will be developed.
C. - Developing implementation capacity
Corrections
1. Increase the capacity of penitentiary institutions
and improve conditions of detention
The penitentiary park suffers from a lack of capacity to accommodate some of its facilities. To address these difficulties, a program for the construction of penitentiary institutions will be implemented. It will have 11,000 seats, including 7,000 dedicated to increasing the capacity of the park and 4,000 in replacement of obsolete seats. All interested persons, including prison staff, will be consulted in the development of this program on the characteristics of the constructions envisaged. In addition, the establishments can be greatly accelerated through the provisions of this Act. The Penitentiary Building Program will provide workspaces so that a suitable professional activity can be offered to any person who requests it.
The Government will also present a Prison Guidance Act to define the meaning of the sentence and to specify the missions assigned to the prison.
A reflection on the mechanisms of individualization of the sentences being executed will be initiated.
2. Strongly develop the investment
electronic surveillance
The electronic supervision of persons sentenced to a firm imprisonment sentence has been carried out experimentally for more than eighteen months in four, then nine sites.
This device must now be generalized, which implies the outsourcing of part of the alarm management functions. The objective is to allow, at the end of a five-year period, simultaneous placement under electronic surveillance of 3,000 persons.
3. Strengthen the prison services of insertion
and Probation
To ensure the monitoring and control of all 180,000 people in charge of the prison system, the penitentiary services of the penitentiary administration (SPIP) now have 2,000 officers directly in contact with the public in the hands of justice. In order to shorten the time frames for care and to intensify the monitoring of accused and convicted persons with regard to whom the risk of recidivism is most important, it is necessary to strengthen the staffing of these services.
4. Develop structures in open environments
In order to execute short sentences or prepare prisoners for release, special attention will be paid to the centres intended to implement enforcement measures in the open environment.
D. - Improving the functioning
Prison Service
1. Increase the level of security of institutions
The escapes and attempted escapes that occurred during the year 2001 were a reminder of the need to strengthen security arrangements in prisons.
During the next five years, the prison administration will have to put in place, in the most exposed prisons, a mobile telephone interference device and a x-ray inspection tunnel to avoid uncontrolled contact with the outside. Miradors and anti-helicopter wire devices will be adapted to prevent the risk of escape and preserve the safety of personnel. A specific programme to strengthen security in central houses will be implemented.
2. Improving care
and rate of activity of inmates
In order to improve the care of detained persons and to prepare their release for reintegration and prevention of recidivism, it is essential to strengthen the fight against indigence, to ensure the maintenance of family ties, to improve the working conditions of detained persons and to enhance their social and professional gains.
With a view to eliminating maintenance costs, a reform of the management of nominal accounts will be studied. In particular, it will aim to increase the share reserved for civil parties and to introduce a principle of progressivity on all samples. A report presenting the directions of this reform and including the draft decree necessary for its implementation will be tabled in Parliament within six months.
3. Promote access to inmates
medical and psychological care
Prisoners must be given equal access to care provided to the general population while respecting the security rules related to their condition of detainees.
Emergency and very short-term hospitalizations of incarcerated persons take place in the connecting hospitals, which are not yet all equipped with the necessary security equipment. Security conditions should be improved during transfers and stays of hospitalized detainees.
Prison constraints do not allow continuous medical monitoring of patients with mental disorders. To meet this need will be established secure psychiatric hospital units in health facilities.
Particular attention must also be paid to the prevention and control of drug addiction in custody and to the follow-up of drug addicts after their incarceration.
With regard to the incarceration of older persons and persons with disabilities, there is a need to increase the number of installed cells and to improve their health care.
The conditions for transferring new missions to the prison administration (monitoring of hospitalized inmates and, more generally, guarding and escorting inmates) will be subject to interdepartmental reflection.
4. Upgrade administration services
and training
It is imperative that the regional branches be able to implement public policies, manage the financial resources delegated to them and manage the human resources of their services.
In addition, the training capacity of the National School of Prison Administration will be increased to meet recruitment needs in the coming years.
5. Improving the status of prison staff
and improve the conditions of their mission
The status of penitentiary staff will need to better take into account the special obligations to which these personnel are treated.
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Achieving all the actions devoted to the effectiveness of the criminal response will result in the creation of 3,600 jobs, including 410 in the judicial services and 3,190 in the prison services.
762 MEUR will be allocated to this objective in ordinary expenses and, for investment, 1 198 MEUR in program authorizations.
III. - PREVENTION AND EFFICIENCY
THE MINER DELINQUANCE
The number of minors involved by the police and gendarmerie services increased by 14.92 per cent between 1997 and 2001, from 154,037 to 177,017. They alone accounted for 21 per cent of the total of the victims.
Delinquency of juveniles is primarily a public crime, thus a visible crime. In particular, it is characterized by a significant increase in violent incidents (+16.4% of flights with violence between 1997 and 2000, +39.5% of people's attacks) and moor attacks (+18.5%).
These characteristics call for strong responses from the public authorities. It is therefore necessary to adapt the procedural conditions of the criminal response to this crime, as well as to reaffirm the value of the sanction, while pursuing and developing preventive and reintegration actions. Actions to prevent delinquency and violence must be carried out in schools from the primary school, in the direction of students, their parents and teachers. These actions will be implemented by psychologists, school doctors and all the professionals involved.
It is therefore necessary to adapt the order of 2 February 1945 to the new characteristics of this delinquency in accordance with its guiding principles, namely the specialization of magistrates and the primacy of educational action, by diversifying the educational sanctions for minors between the ages of ten and thirteen years, by allowing juvenile magistrates to place juvenile offenders, including those under sixteen years of age, in closed educational centres within the framework of judicial review
In order to enable the implementation and effective implementation of these provisions, it is planned to develop, on the one hand, a highly strengthened care system for recidivist minors, in a dual concern for the protection of public order and the treatment of the difficulties of the minors concerned, on the other hand, preventive and reintegration actions.
A. - Strengthening and mentoring the treatment system
Recidivist or violent minors
1. Under the responsibility of the judicial protection of youth, create closed educational centres to accommodate juvenile offenders in a framework to ensure their effective presence
Of the 65,000 juveniles tried in criminal cases in 2001, 3,800 were placed in public and licensed institutions, 3,200 were detained. It is sometimes difficult, especially in the regions most affected by juvenile delinquency (Ile-de-France, Nord, Rhône-Alpes, Provence-Alpes-Côte d'Azur), to find within the very short time limits imposed by the criminal procedure, in particular as an alternative to incarceration, a suitable place for multi-recidivist minors.
There is a need to increase the capacity of the strengthened educational centres while developing stricter control of these juvenile offenders so as to prevent fugues in order to better respond to requests from the judiciary. The means of existing educational centres should be strengthened and their educational activities developed.
In addition, this Act creates closed educational centres in the public sector and in the authorized social sector to accommodate, on the one hand, minors placed under judicial supervision, on the other hand, minors who have been subjected to a suspended prison sentence and probation. In addition, it provides that minors placed in closed educational centres, including those between thirteen and sixteen years of age, may be detained in the event of a violation of the conditions of placement, particularly in cases of fugue. The placement in closed educational centres will thus respond to the need for enhanced care for multi-recurrent minors. At the same time, educational care, based on education and professional integration, will be implemented on the basis of a rigorous programme developed in close collaboration with the other relevant ministerial departments, including the Ministry of National Education. 600 places will be created in closed educational centres.
Tools for the evaluation of educational action and monitoring of the trajectory of follow-up minors will be developed in accordance with the guidelines of the Organic Law of 1 August 2001 on the Financial Laws and the Law of 2 January 2002 renovating social and medico-social action.
2. Under the responsibility of the penitentiary administration and with the judicial protection of the youth, create new juvenile quarters in penitentiary establishments and establish autonomous juvenile correctional facilities
The number of places in prisons for the reception of detained minors is insufficient. Many neighbourhoods of minors are very degraded. 500 places will be created in juvenile quarters and renovation work will be undertaken. 400 places will be created in new prisons specialized for the reception of minors. The goal, in the long term, is to maximize the removal of juvenile quarters for the benefit of these new specialized establishments.
The ongoing intervention of youth judicial protection services will be organized with all juveniles incarcerated, as they warrant multidisciplinary care and personalized support.
Reflection will be initiated on the possibility of making the juvenile judge the judge of enforcement of detention sentences. Indeed, one of the current difficulties is that the judge of the children is not a judge of the application of the penalties when a minor is incarcerated, this function returns to the judge of the application of the penalties.
B. - Developing the prevention of recidivism
Juvenile justice must make a major contribution to the prevention of recidivism and the reiteration of offences committed by minors.
This objective must be achieved through three procedural reforms implemented by this Act, as well as through an open environment revitalization plan.
1. Organize the intervention of the local judge
law enforcement of juvenile delinquency
The proximity judge may know of certain breaches of the first four classes committed by minors.
At the initiative of the prosecutor of the Republic, he will be able to intervene quickly in the field of small offences committed by primodelinants and, in a more solemn and firm context than that of alternative prosecution, to take educational and preventive measures.
2. Create a new trial procedure
Timeliness
The speedy intervention of the juvenile judge often depends on the repressive and preventive effectiveness of his decision. This Act allows the prosecutor of the Republic, as long as sufficient investigations have been carried out with respect to the facts and personality of the minor, to bring the juvenile judge before the juvenile court within a short period of time for trial.
Thus, the court ' s court ' s court ' s court ' s court ' s court ' s court ' s court ' s court ' s decision will be, because of their closeness over time with the offences committed, thereby effectively deterring the minor from reiterating or recidiving.
3. Facilitate retention and create educational sanctions
for minors between the ages of 10 and thirteen
The delinquency of juveniles between the ages of ten and thirteen has seen a significant and disturbing increase in the number of juveniles under the age of twelve in 2001 (an increase of 8 per cent in the number of juveniles under the age of twelve). It is therefore essential to facilitate the conditions of the investigation by bringing the detention to a maximum of 10 to 12 hours of renewable time and by reducing the threshold of the sanctions to allow such restraint. It is also necessary to create for this very young age class an original criminal response with an educational and preventive vocation, if any more firm and deterrent than a simple educational measure.
These educational sanctions are the confiscation of the object used to the commission of the offence, the prohibition to appear in certain places, including that of the offence, the prohibition to enter into contact with the victim, the completion of a civic training course, a measure of assistance or reparation.
4. Improve open management (relaunching of repair measures, increase in the classroom)
The strengthening of a criminal policy to deal with offences committed by minors in an immediate and systematic manner, the acceleration of proceedings before the courts created a bottleneck at the time of enforcement of the measures and penalties imposed by the courts. The average delivery time for educational measures and penalties is 51.9 days.
As a result, the objectives are to reduce the time frame for educational measures and penalties from 51.9 days to 15 days, to increase the number of reparation measures and to increase the participation of the judicial protection of youth in the 200 additional classes that will be created.
5. Responsibilizing parents of juvenile offenders
The involvement of parents in the measures taken with respect to the juvenile offender is essential for the prevention of recidivism. It is therefore necessary, in parallel with the support measures that these parents can benefit, to strengthen this involvement by creating a civil fine against the parents who do not comply with the summons of the judge and by effectively applying article 227-17 of the Criminal Code, which allows the parents who fail to comply with their obligations and endanger their minor child.
C. - Upgrade training and administration services for the judicial protection of youth
1. Strengthen the leadership and administration of youth judicial protection services at the territorial level
The Youth Judicial Protection Directorate must strengthen the inclusion of its action in public policies concerning children and coordination with territorial officials (including regional and departmental councils). It must also improve its management capacity at the local level in order to strengthen its expertise and continue the deconcentration process that is currently being carried out only for operating credits. This requires quantitative and qualitative strengthening of the administrative sector.
2. Adapt the training system to the needs
In order to meet the recruitment needs in the coming years, the Youth Judicial Protection Directorate will need to adapt its training and recruitment capacity and benefit from the possibility of recruiting people whose professional experience will promote the diversification of the skills of the staff as well as the implementation of the actions to reintegrate the minors in charge.
The objectives are to strengthen the professionalization of training, to extend the initial and continuing training of service managers and to develop the training of territorial directors, including management, to transform the National Centre for Training and Study of Judicial Protection of Youth into an administrative public institution and to carry out its relocation.
3. Improving the real estate heritage of institutions that receive minors from the judicial protection of youth
It is essential to develop within regional structures expertise and capacity in terms of the conduct of real estate projects in order to carry out the maintenance and maintenance operations of the facilities as well as the implementation of the new arrangements provided for in this Act.
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1,988 jobs will be created for the implementation of this more effective treatment of juvenile delinquency, including 188 in judicial services, 550 in prison services and 1,250 in juvenile justice services. 423 MEUR in ordinary expenses will be allocated for this purpose over the period covered by this Act and 170 MEUR in program authorizations.
IV. - AGAINST THE CITOYANS
AND JUSTICE
1. Improve victim assistance
A national victim assistance plan will be implemented.
It includes the following components, the first two of which are already listed in this Act:
- inform the victim, upon hearing by the police and gendarmerie, of the possibility of being immediately appointed a lawyer by the staff member;
- grant legal aid without conditions of resources to victims of the most serious violations to the person or their beneficiaries. Persons, seriously wounded and psychologically weakened, or who have just lost their loved one in dramatic circumstances following the most serious criminal offences such as murder, aggravated violence and rape, will systematically benefit from legal aid, regardless of the amount of their resources;
- to inform the victim more broadly and more quickly about her rights and the course of the whole procedure, as well as on the social, medical and psychological services to which she can address;
- compensation for damage in a fairer and more transparent manner by improving, inter alia, the conduct of expertise and harmonizing evaluation methods.
2. Facilitating access to the right
The programming law will streamline and complement the implementation of the various structures working for access to law (houses of justice and law, branches of justice...).
3. Ensuring effective access to justice
To this end, the improvement of the legal aid system must be sought so that access to justice is better guaranteed.
This objective must at the same time take into consideration the admission thresholds and the remuneration of court assistants involved in legal aid.
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262 MEUR in ordinary expenses will be opened and 115 jobs will be created over the period of the law for the implementation of these objectives of improving access to law and justice.
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In total, the Justice Orientation and Programming Act provides for the creation of 10,100 jobs and the opening of 2,775 MEUR in ordinary expenses (including job costs). To finance the corresponding investments, EUR 1,750 million of program authorizations will be added to the current level of program authorities of the Ministry of Justice.
In ordinary expenses and in payment credits, the new means granted by law will be EUR 3 650 million.
The judicial services will benefit from 4,450 jobs (950 magistrates and 3,500 civil servants), 1,207 MEUR in ordinary expenses and 277 MEUR in programme authorizations.
The State Council and administrative courts will benefit from 480 jobs, 114 MEUR in ordinary expenses and 60 MEUR in programme authorizations.
The prison administration will benefit from 3,740 jobs, EUR 801 million in regular expenses and EUR 1,313 million in program authorizations.
Youth judicial protection services will benefit from 1,250 jobs, EUR 293 million in regular expenditure and EUR 55 million in programme authorizations.
The central administration will benefit from 180 jobs, 360 MEUR in regular expenses and 45 MEUR in program authorizations.
This law will be enforced as a law of the State.
Done in Paris, 9 September 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Seal Guard, Minister of Justice,
Dominica Perben
Minister of Economy,
finance and industry,
Francis Mer
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
Minister for Budget
and budgetary reform,
Alain Lambert
(1) Act No. 2002-1138.
- Preparatory work:
Senate:
Bill No. 362 (2001-2002);
MM report. Jean-Pierre Schosteck and Pierre Fauchon, on behalf of the Law Commission, No. 370 (2001-2002);
Opinion of Mr. Hubert Haenel, on behalf of the Finance Committee, No. 374 (2001-2002);
Discussion on 25 and 26 July 2002 and adoption, after an emergency statement, on 26 July 2002.
National Assembly:
Bill, passed by the Senate, No. 154;
Report of Mr. Jean-Luc Warsmann, on behalf of the Law Commission, No. 157;
Opinion of Mr. Jacques Pélissard, on behalf of the Finance Committee, No. 158;
Discussion on 31 July, 1 and 2 August 2002 and adoption on 2 August 2002.
National Assembly:
Report of Mr. Jean-Luc Warsmann, on behalf of the joint parity commission, No. 184;
Discussion and adoption on 3 August 2002.
Senate:
Bill, amended by the National Assembly, No. 392;
MM report. Jean-Pierre Schosteck and Pierre Fauchon, on behalf of the Joint Paritaire Commission, No. 393 (2001-2002);
Discussion and adoption on 3 August 2002.
- Constitutional Council:
Decision No. 2002-461 DC of 29 August 2002 published in the Official Gazette of this day.
