mardi 21 juin 2011
Minor and jurors popular: the reform debate
Minor and jurors popular: the reform debate
By FTV (with AFP)
The text should be voted before 14 July.
AFP - Stéphane of Sakutin members examine today the Bill on the popular jury and the redesign of the juvenile justice
After its adoption by the Senate in may, the debates announce heated autour of this text by Nicolas Sarkozy and intended to "closer" to the French of their justice.
This Tote project is decried by the left that of justice and child professionals.
The text, which should be voted before July 14, has two essential components, one devoted to minors, the other to the correctional courts.
A revision of the juvenile justice
"Reducing the time of judgment" and "adapt the criminal response to juvenile delinquency", often presented as more and more young and increasingly violent, the text provides, inter alia: the creation of a "single record of personality" of the minor, the possible placement in educational centres closed for punishable offences for five years in prison (instead of seven) or even the creation of a court for minors for more repeat offenders of 16 years and for punishable offences in addition to three years in prison.
This project provokes the wrath of childhood professionals who reproach him to override the repressive and confinement on the educational. "It is the justice of the minors were murdered," ensure thus in a collective Forum published Tuesday in the daily newspaper Liberation. "The stated objective of the reform is to strengthen the Suppression of juvenile delinquency by maintaining the illusion that the fear of a stronger sanction would, magical way, discourage failing adolescents for a passage to the Act," deplore the signatories.
The text of reference on the juvenile justice, the order of 2 February 1945 on "delinquent child", is affected by this reform again after having already amended 30 times.
"Citizens assessors."
The Bill establishes correctional courts open to "citizens assessors" who can take part in the judgment of offences punishable by a penalty equal or greater than five years ' imprisonment. Currently, the popular jurors sit in courts of Assizes which deem the crimes.
The text also provides that assessors citizens can participate in the criminal justice in decisions for the application of penalties. Furthermore, the Assembly adopted in Committee an amendment which provides to create a simplified Court - three judges and three jurors - for the punishment of 15 to 20 crimes of imprisonment.
"Everything is precipitated, [...]". "a little demagogic, poorly developed", was held Tuesday morning General Counsel about the Court of appeal of Paris, Philippe Bilger. "What I fear is that the two jurors who will decide along with the judges, in a procedure which will remain the same, are lost and misplaced, and that ultimately it is step them influencing magistrates, as power hope, but the reverse", he added.
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