The text aims to “strengthen the authority of justice towards minor criminals and their parents.” The Constitutional Council censored on Thursday, June 19, several key articles of Gabriel Attal’s bill to harden the justice of minors adopted in mid -May by Parliament, including the one that revokes the principle of attenuation of sentences for minors.
In total, wise men declared six articles contrary to the Constitution, one partly alone. The Council had been seized by the leftist parliamentarians, who estimated that many articles of this law transported by the head of macronist deputies to the Assembly and supported by the Minister of Justice, Gérald Darmanin, were contrary to the principles of justice of the minors in France.
They asked him in particular to censor the article that reverts the principle of “the minority excuse”, according to which a minor is sanctioned with less severe than an adult.
“Constitutional requirement”
The text adopted provided that the attenuation of sentences for children over 16, for cases of recidivism punished with at least five years in prison, is no longer the rule, but the exception. In this case, it depended on the judge to motivate the attenuation of the sentence.
For wise men, the article ignores “the principle of attenuation of the criminal responsibility of minors according to age, which is a constitutional requirement.” Other censored emblematic measures, the creation of an immediate appearance procedure for 16 -year -old youth recurrences and a single audience procedure.
For the first, the Council considered that this new provision envied the fundamental principles of minor justice, since they require “the implementation of appropriate procedures in search of educational and moral breeding.”
This is a constitutional principle inspired by the order of 1945 that sets the specific criminal procedure rules for minors in France, often invokes in the hemicycle by the leftist deputies during the debates: the primacy of the educational about the repressive.
On the other hand, the Council declared that it fulfilled several articles, including those that create an aggravating circumstance of the sanctions that repress the crime of subtracting from a father to his legal obligations, when he has taken directly the minor child to commit a crime or a crime.
Source: BFM TV
