Question 9221 — crimes, misdemeanors and contraventions

Summary

Mr. Vincent Trébuchet draws the attention of the Minister of State, Keeper of the Seals, Minister of Justice, to the impossibility of applying the criminal fixed fine (AFD) to minors in the event of drug use. While this system allows for a quick, simple and dissuasive response, minors are exempt. Minors must therefore be subject to criminal proceedings involving the presence of a lawyer and a legal representative, leading to procedural cumbersomeness that is poorly suited to situations of repeat offenses. In many cases, this complexity results in classification without follow-up or late processing. In a context where the threat linked to drug trafficking is growing and where children's judges are often helpless in the face of the seriousness of the acts committed by young minors from the first offense, this lack of rapid response deeply questions the relevance of this exemption. Indeed, minors are significantly affected by the use of narcotics. In 2022, according to data from the Ministry of Justice, 5% of criminal offenses involving minors concerned the use of narcotics, a proportion higher than that observed among adults. Furthermore, minors represented around 9% of those accused of use, while they constitute around 6% of the population. These figures justify reflection on the adaptation of criminal response tools to prevent any recidivism. In this context, he asks whether the Government plans to extend, under certain conditions, the use of the criminal fixed fine for minors, in particular those close to the criminal age.

Machine translation from French. The official text remains authoritative.

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