Get to Fórceps. After a very tension under a high course, the Parliament definitely adopted this Monday night the bill defended by the president of the macronista deputies Gabriel Attal.
Run after the riots linked to the death of Nahel, a young woman killed in a police officer in the summer of 2023, this text used for the first time by Elisabeth, then, the prime minister, aims to “restore the authority”, “empower the parents” and “judge faster” smaller “minors of the recurrent criminal.
• Immediate appearance for young 16 -year -old repeated criminals
Until then for minors, an immediate appearance procedure for young people of 16 years or more is instituted, provided that justice is either known for a condemnation or an educational measure. Specifically, the immediate appearance makes it possible for the defendant court to at the end of his police custody.
It will only be possible for serious crimes, with an incurred sanction of more than three years, such as voluntary homicide, for example. As with adults, immediate appearance will only be possible with the agreement of the young person.
The measure has angry the entire left. In Opinion of November 21, 2024The defender of rights considered that this reform contraded the fundamental principle of attenuation of the criminal responsibility of minors.
“The principle of the primacy of the educational, which implies knowledge of the personality and the family situation of the child” is “incompatible” with such a device regrets the institution.
• The end of the automatic minority excuse for the repinal criminals of the 16 years
Until now, under the principle of “the minority excuse”, a minor was systematically sanctioned with less severity than an adult with sentences divided by two compared to an adult. This principle, which has existed since 1945, remains for children under 16.
But for the over 16 years, the minority excuse disappears, and will now be judged on the same scale of sentence as adults in case of recurrence punished with a sentence of at least five years in prison. However, if the judges wish to maintain this principle, they may do so, but they will have to motivate their decision.
The measure awakens the skepticism of magistrates Évelyne Sire-Marin, honorary magistrate and member of the Office of the Human Rights League, underlined on the occasion of the death of a university student hit until death in the spring of 2024 in BFMTV that “we already had all the legal instruments to possibly eliminate this minority excuse and put the minors in prison.”
Before Gabriel Attal’s bill, the magistrates could already rule out “the minority excuse” in case of a particularly serious fact. However, it has only risen twice since 1945 for particularly serious crimes.
• Heavy pains for parents
The civil liability of the parents, already provided by law to make them pay the damage caused by their minor children, is greatly strengthened. Until now, in case of separation of the parents, only the one who had the custody of their son or daughter had to pay. However, it is still able to cover the sums owed, a situation sometimes impossible in case of too low income.
Parents who do not respond to the citation of justice or educational assistance hearings will now risk a civil fine of a maximum amount of 7,500 euros, which was not the case so far.
Finally, the crime of subtract from a father to his legal obligations, which are based on the fact of “escaping” his role as a father to the point of “compromising health, security, morality or education,” increases largely.
When the absence of a father leads to the commission of several crimes or offense for one of his children, he will risk up to three years in prison and 45,000 euros fine. The measure, already existing, only applies very little in the case of crime. But so far they have only been two years in prison and a fine of 30,000 euros.
Now adopted by Parliament, the text will now pass the bifurcations of Caudine of the Constitutional Council. The left judges that this new law does not respect the rights of the child, however, included in the Declaration of Human Rights.
Source: BFM TV
