Question 8267 — crimes, misdemeanors and contraventions

Summary

The dramatic death of young Angélique is particularly tragic. If such acts arouse legitimate emotion, it is appropriate to examine the relevance of already existing systems before considering creating new ones. Indeed, the judicial framework for the care of perpetrators of sexual offenses is to date very extensive, having been considerably enriched since the establishment, in 1998, of socio-judicial monitoring and the injunction for treatment, with a view to better prevention of recurrence. The injunction for treatment has thus become legal, unless the judge motivates otherwise, when the expert psychiatrist called upon to rule before the release of the convicted person concludes that treatment is possible. In addition, since the law of December 12, 2005, people sentenced for an offense of a sexual nature to a custodial sentence of at least 7 years (or at least 5 years in the event of a double recidivism) can be placed under mobile electronic surveillance as part of socio-judicial monitoring in view of their dangerousness. Furthermore, if they have not been subject to socio-judicial monitoring as part of their conviction, they may, in the event of a proven risk of recidivism identified by an expert psychiatrist, be required to be released for a period of time. equivalent to the duration of the sentence reductions from which they benefited during their incarceration, to judicial supervision, a measure which may include obligations similar to those of socio-judicial monitoring, and in particular an order for treatment and placement under mobile electronic surveillance. Finally, since the law of February 25, 2008, in the event of conviction to a custodial sentence of at least 15 years' imprisonment for aggravated rape, when the dangerousness of the person and the risk of recurrence of serious criminal acts appear particularly high, the obligations of socio-judicial monitoring or judicial supervision may continue beyond the execution of the sentence pronounced, on the advice of a multidisciplinary commission of security measures (CPMS) and after medical expertise, in security surveillance, renewable every two years as long as the person's dangerousness continues. Failure to comply with this measure may result in security detention. With regard to the concrete care of these convicts, it must be emphasized that justice and health professionals monitor them with particular vigilance, both in a closed environment and in an open environment. 22 penitentiary establishments have thus been specialized to house perpetrators of sexual offenses. Prison integration and probation counselors, like sentence enforcement judges, often carry out very regular summonses and provide close support when they are monitored in an open environment. It must not be overlooked that the vast majority of people convicted and monitored for this type of offense do not reoffend and that the reduction and then the arrest of institutional control exercised over them can usefully contribute to their resilience process, which is an essential factor in preventing recidivism. Unfortunately, assessing the risk of recidivism, the state of criminological dangerousness and the guarantees of integration or reintegration of a person already convicted is delicate. A detailed and multidisciplinary analysis of the risk factors of a new act is necessary but it remains an evaluation and not a predictive scientific determination. The Ministry of Justice remains attentive to research work and the contributions of professional actors on this subject and will pay particular attention to the recommendations of the orientation report which will be developed by the public hearing commission which was held on June 14 and 15 at the initiative of the French Federation Resource Centers for Responders to Perpetrators of Sexual Violence (FFCRIAVS).

Machine translation from French. The official text remains authoritative.

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