Credit: AFP
The pediment of the Constitutional Council in Paris (illustration)
penal reform carried by Christiane Taubira will see the day. Finally adopted by the Parliament on July 17, it was confirmed Thursday, August 7 by the Constitutional Council has rejected an appeal by UMP. The latter challenged the constitutionality of future criminal coercion, including judging too vague. The Sages also retoqué an article about the fine increases.
penal reform aimed primarily at preventing recidivism in criminal matters. In particular, it creates criminal restraint, a new sentence to be executed in an open environment (not prison) and may include, for condemned a series of obligations (socio-judicial probation, community service) and prohibitions ( frequenting certain places or individuals) established by the enforcement judge sentences.
The UMP deputies felt the judge’s powers too broad
members of the UMP group in the National Assembly were particular that the conditions and the implementing rules of this criminal coercion were insufficiently defined and the powers of the judge to sentence enforcement in this device were too large. sages rejected all these arguments and reported in accordance with the relevant articles of the Constitution.
Besides these two items, they examined ex officio a third article, of secondary importance, which was planning to build a automatic increase of 10% for criminal fines , customs and certain fines imposed by administrative authorities.
The automatic increase certain fines as unconstitutional
This increase was introduced by way of amendment of the Statutes Committee of the National Assembly at the initiative of the Socialist MPs and Martine Nathalie Nieson Carrillon-Couvreur and was finance assistance to victims.
The Constitutional Council ruled that the automatic nature of this increase, or “over-fine” violated the principle of individualization of sentences . Indeed, “the court or competent authority pronounces (not) taking into account the specific circumstances of each case,” he has stated in its decision.
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