For the majority, it is a text that aims to both “ improve the justice of the daily” and “to advance the rights of the defendant “. Tuesday, May 17 presented by the Minister of Justice, Jean-Jacques Urvoas, the “project to modernize the justice of the century” is discussed in the National Assembly until Friday. francetv info you summarize the main points.
Divorce no judge
The key measure in the bill simplifies the divorce by mutual consent, which is a two Divorce in France. No need to go before the judge. Spouses, each represented by a lawyer, will agree on a convention that will be registered with a notary. The divorce will be effective after a period of fifteen days, during which it will be possible to withdraw. This recording ensures the Minister of Justice, “ will be set at 50 euros” .
But “ s i the child wishes to be heard “, the procedure ” will not be changed, and it is the family court who will deliver “ divorce as is currently the case.
Delete correctional juvenile courts
heated debates are expected on this Bill because correctional juvenile courts were established in January 2012, under the mandate of Nicolas Sarkozy.
These courts try offenders minors over 16 at the time, for offenses punishable by more than three years imprisonment. According to the Ministry of Justice, less than 1% of disputes involving minors go through the courts.
Entrusting the PACS and the name change to mayors
No need to go to court to PACS. The mayors, as officers of civil status, take care to pronounce the PACS, as the law originally provided in 1999, and also vote on changes name. According to the Ministry of Justice, courts records each year 2700 name change requests, of which only 6.4% are rejected.
So far, we had to hire a lawyer, count between 500 and 1500 euros, and wait between three months and one year for a hearing before a judge.
Facilitate sex change
Today, transgender people must submit to the court evidence of sterility in their original gender, and be followed by a psychiatrist to get the . change in civil status
the deputies PS Erwann Binet and Pascale Crozon proposed an amendment to these medical criteria are no longer required: the person wishing to change civil status shall, before a prosecutor ” show that she feels the other sex and that the company looks like this “.
Punishing a direct fine driving without a license
The driving without a license or without insurance will be punished by a fixed fine of 500 euros, without having to go to court, except in cases of recurrence.
the bill also introduces an “immobilizer electronic breathalyzer” for people on probation or suspended sentence with probation. Driving with a fake license will be a specific offense, punishable by five years in prison, and certain offenses such as speeding, the red lights and not wearing the helmet or belt can be fined on the basis of video images.
Facilitate group actions
group shares will be facilitated in the areas of health, discrimination, environmental and personal data. The device, widely used in the United States, is in place in France since 2014, but only for consumption. These are registered associations which will take care to control these actions.
Strengthen the powers of judge of freedoms and detention
The judge of freedoms and detention is supposed to ensure the rights of persons on that are being investigated. It can already authorize legal plays or police searches.
His powers should be strengthened, as the judge of freedoms and detention should be consulted on further measures available to the parquet by law fight against terrorism, such as night raids. Featuring a special status, he will be appointed by Order in Council of Ministers, and not only by the president of its jurisdiction.
Increasing transparency magistrates
All judges will now have to produce a declaration of interests. jurisdiction of the leaders, and members of the Constitutional Council, will in turn provide both a declaration of interest and a declaration of assets.
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