Question 21979 — crimes, misdemeanors and contraventions

Summary

Mr. Philippe Dunoyer draws the attention of the Keeper of the Seals, Minister of Justice, to the experimentation of a citizen reparation penalty applicable to adults civilly responsible for juvenile delinquents. A recent information report from the Law Commission noted a trend towards the worsening of offenses committed by minors and the rejuvenation of their perpetrators, resulting in an increase in hearings before the children's court and, consequently, an extension of trial times. In the context of preparing the reform of juvenile justice by way of ordinance, the report of the commission of inquiry on the situation, missions and resources of the security forces, submitted by MM. deputies Jean-Michel Fauvergue and Christophe Naegelen, recommend making the criminal response “more immediate and significant for minors. Proposal No. 11 of this same report suggests “creating the conditions for an effective educational and penal response to acts of delinquency committed by minors [and] experimenting in particular with allowing the judge to pronounce civic sentences intended for adults who are civilly responsible after examining the family situation and educational responsibility”. He specifies that this request for experimentation is directly inspired by a proposal from the deputies of New Caledonia who support the creation of such a penalty on their territory which is characterized by a strong involvement of minors in acts of delinquency (in New Caledonia, according to figures published by the Security Staff (February 2019), those under eighteen still represent today around a quarter of the people involved in acts of delinquency delinquency). He fully supports the experimentation of this sentence at the national level, which would aim to make parents responsible by allowing them to serve a sentence in public reception structures or with approved associations. He would therefore like to know if the Government intends to take this recommendation into account and carry out this experiment, as part of the development of the justice reform of minors, and if applicable, within what time frame and in what manner.

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