LAW OF AUGUST 10, 2007 STRENGTHENING THE FIGHT AGAINST RECIDIVELY BY MAJORS AND MINORS
LexInter | August 30, 2007 | 0 Comments

LAW OF AUGUST 10, 2007 STRENGTHENING THE FIGHT AGAINST RECIDIVELY BY MAJORS AND MINORS

The National Assembly and the Senate adopted,

Considering the decision of the Constitutional Council n ° 2007-554 DC of August 9, 2007;

The President of the Republic promulgates the law, the content of which follows:

Chapter I

Provisions relating to minimum penalties

and the mitigation of penalties applicable to minors

Article 1

After article 132-18 of the penal code, an article 132-18-1 is inserted as follows:

“Art. 132-18-1. – For crimes committed in a state of legal recidivism, the penalty of imprisonment, imprisonment or detention may not be less than the following thresholds:

“1 ° Five years, if the crime is punished by fifteen years of imprisonment or detention;

“2 ° Seven years, if the crime is punished by twenty years of imprisonment or detention;

“3 ° Ten years, if the crime is punished by thirty years of imprisonment or detention;

“4 ° Fifteen years, if the crime is punished by imprisonment or life imprisonment.

“However, the court may impose a penalty below these thresholds in consideration of the circumstances of the offense, the personality of its perpetrator or the guarantees of integration or reintegration presented by the latter.

“When a crime is committed again in a state of legal recidivism, the court can only pronounce a sentence below these thresholds if the accused presents exceptional guarantees of integration or reintegration. ”

Article 2

After article 132-19 of the penal code, an article 132-19-1 is inserted as follows:

“Art. 132-19-1. – For offenses committed in a state of legal recidivism, the prison sentence may not be less than the following thresholds:

“1 ° One year, if the offense is punished by three years’ imprisonment;

“2 ° Two years, if the offense is punished by five years of imprisonment;

“3 ° Three years, if the offense is punished by seven years of imprisonment;

“4 ° Four years, if the offense is punished by ten years of imprisonment.

“However, the court may pronounce, by a specially reasoned decision, a penalty below these thresholds or a penalty other than imprisonment in consideration of the circumstances of the offense, the personality of its perpetrator or the guarantees of integration or reintegration presented by it.

“The court cannot pronounce a penalty other than imprisonment when one of the following offenses is committed once again in a state of legal recidivism:

“ 1 ° Intentional violence;

“2 ° Offense committed with the aggravating circumstance of violence;

“3 ° Aggression or sexual assault;

“4 ° Misdemeanor punishable by ten years of imprisonment.

“By specially reasoned decision, the court may however pronounce a prison sentence of less than the thresholds provided for in this article if the accused presents exceptional guarantees of integration or reintegration.

“The provisions of this article are not exclusive of a fine and one or more additional penalties. ”

Article 3

After article 132-20 of the penal code, an article 132-20-1 is inserted as follows:

“Art. 132-20-1. – When the circumstances of the offense or the personality of the perpetrator justify it, the president of the court warns, at the time of the pronouncement of the sentence, the convicted person of the consequences that a conviction would entail for a new offense committed in a state of recidivism legal. ”

Article 4

The last paragraph of article 132-24 of the penal code is deleted.

Article 5

I. – Article 20-2 of ordinance n ° 45-174 of February 2, 1945 relating to delinquent children is thus amended:

1 ° The first paragraph is completed by a sentence worded as follows:

“The reduction by half of the penalty incurred also applies to the minimum penalties provided for in Articles 132-18, 132-18-1 and 132-19-1 of the Criminal Code. “;

2 ° The second paragraph is replaced by seven paragraphs worded as follows:

“However, if the minor is over sixteen years of age, the juvenile court or the juvenile assize court may decide that there is no to allow him to benefit from the mitigation of the sentence provided for in the first paragraph in the following cases:

“1 ° When the circumstances of the case and the personality of the minor justify it;

“2 ° When a crime of willful attack on the life or physical or mental integrity of the person has been committed in a state of legal recidivism;

“3 ° When an offense of willful violence, a crime of sexual assault, an offense committed with the aggravating circumstance of violence has been committed in a state of legal recidivism.

“When it is taken by the juvenile court, the decision not to allow the minor to benefit from the mitigation of the penalty must be specially motivated, except for the offenses mentioned in 3 ° committed in a state of legal recidivism.

“The mitigation of the penalty provided for in the first paragraph does not apply to minors over sixteen years of age when the offenses mentioned in 2 ° and 3 ° have once again been committed in a state of legal recidivism. However, the juvenile assize court may decide otherwise, as can the children’s court which rules by a specially reasoned decision.

“For the application of articles 132-8 to 132-11, 132-18-1 and 132-19-1 of the penal code and the two preceding paragraphs, the educational measures or sanctions pronounced against a minor cannot constitute the first term of the state of recurrence. ”

II. – Before the last paragraph of article 20 of the same ordinance, two paragraphs are inserted as follows:

article 20-2? “.

IV. – At the end of the last sentence of the first paragraph of Article 706-25 of the Code of Criminal Procedure, the word: “fourteenth” is replaced by the word: “sixteenth”.

V. – In article 20-3 of the aforementioned ordinance n ° 45-174 of February 2, 1945, the words: “of the second paragraph” are replaced by the words: “of the second to fifth paragraphs”.

Article 6

The first sentence of the first paragraph of article 362 of the code of criminal procedure is completed by the words: “, as well as, if the acts were committed in a state of legal recidivism, of article 132-18-1 and, where applicable, of article 132-19-1 of the same code ”.

Chapter II

Provisions relating to the order for treatment

Article 7

I. – Article 131-36-4 of the penal code is thus amended:

1 ° The first paragraph is deleted;

2 ° The first two sentences of the second paragraph are replaced by a sentence worded as follows:

“Unless the court decides otherwise, the person sentenced to socio-judicial monitoring is subject to a care order under the conditions provided for in Articles L. 3711 -1 et seq. Of the Public Health Code, if it is established that it is likely to be the subject of treatment, after a medical examination ordered in accordance with the provisions of the Code of Criminal Procedure. ”

II. – The third paragraph of article 763-3 of the Code of Criminal Procedure is amended as follows:

1 ° The first two sentences are worded as follows:

“If the person sentenced to socio-judicial follow-up has not been subject to an order for treatment, the judge responsible for the application of sentences shall order a medical expert report with a view to his release. in order to determine if it is likely to be the subject of treatment. If the possibility of treatment is established as a result of this expertise, the sentenced person is subject to an order for treatment, unless the judge responsible for the enforcement of sentences decides otherwise. “;

2 ° The last sentence is worded as follows:

“The provisions of the two preceding paragraphs are applicable. ”

III. – In the last sentence of the last paragraph of the same article, the words: “of the second paragraph” are replaced by the words: “of the first two paragraphs”.

Article 8

I. – After article 132-45 of the penal code, an article 132-45-1 is inserted as follows:

“Art. 132-45-1. – Unless the court decides otherwise, the person sentenced to a term of imprisonment with a suspended sentence for one of the offenses for which the socio-judicial follow-up is incurred is subject to an injunction of care in the conditions provided for in Articles L. 3711-1 et seq. of the Public Health Code, if it is established that it is likely to be the subject of treatment, after a medical examination ordered in accordance with the provisions of the Code of Procedure criminal.

“In the event of an order for treatment, the president warns the convicted person that no treatment can be undertaken without his consent, but that, if he refuses the treatment which will be offered to him, the pronounced imprisonment may be carried out.

“When the trial court pronounces a custodial sentence which is not fully accompanied by the suspension with probation, the president informs the convicted person that he will have the possibility of starting a treatment during the execution of this sentence . ”

II. – In the second sentence of the first paragraph of article 706-47-1 of the code of criminal procedure, the words: “within the framework of a socio-judicial follow-up” are deleted.

Article 9

I. – Article 723-30 of the Code of Criminal Procedure is amended as follows:

1 ° In the third paragraph (2 °), the words: “by articles 131-36-2 (1 °, 2 ° and 3 ° ) and 131-36-4 ”are replaced by the words:“ by article 131-36-2 (1 °, 2 ° and 3 °) ”;

2 ° A paragraph worded as follows is added:

“Unless the sentence enforcement judge decides otherwise, the convicted person placed under judicial supervision is subject to a treatment order, under the conditions provided for in Articles L. 3711-1 et seq. of the Public Health Code, when it is established, after a medical examination provided for in article 723-31, that it is likely to be the subject of treatment. ”

II. – The first sentence of article 723-31 of the same code is completed by the words: “and determines whether the convicted person is likely to be the subject of treatment”.

Article 10

The second sentence of the first paragraph of Article 721-1 of the Code of Criminal Procedure reads as follows:

“Unless the penalty enforcement judge decides otherwise, no additional reduction of the penalty may be granted to a person convicted of a crime or an offense for which the socio-judicial follow-up is incurred, which refuses during his imprisonment to follow the treatment which is proposed to him by the judge of the application of sentences in application of articles 717-1 and 763-7. ”

Article 11

I. – Article 729 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:

“When the person has been convicted of a crime or an offense for which socio-judicial follow-up is incurred, he cannot be released on parole. granted if she refuses during her imprisonment to follow the treatment proposed to her by the judge responsible for the application of sentences in application of articles 717-1 and 763-7. It cannot be granted either to the convicted person who does not undertake to follow, after his release, the treatment offered to him in application of article 731-1. ”

II. – The first paragraph of article 731-1 of the same code reads as follows:

“A person subject to conditional release may be subject to the obligations laid down for socio-judicial follow-up if he has been convicted of a crime or an offense for which this measure is incurred. Unless the penalty enforcement judge or the penalty enforcement court decides otherwise, this person is subject to an order for treatment under the conditions provided for in Articles L. 3711-1 et seq. Of the Public Health Code. ” it is established, after the expertise provided for in article 712-21 of this code, that it is likely to be processed. ”

III. – Article 712-21 of the same code is amended as follows:

1 ° At the end of the first sentence, the words: “mentioned in article 706-47” are replaced by the words: “for which the socio-judicial follow-up is incurred”;

2 ° A paragraph worded as follows is added:

“This expertise determines whether the convicted person is likely to be the subject of treatment. ”

IV. – In the last sentence of the first paragraph of article 721-3 of the same code, the words: “to the last” are replaced by the words: “to the penultimate”.

Chapter III

Provisions of entry into force

and application of the law

Article 12

Article 7 I and 8 enter into force on March 1, 2008.

Article 7 II and articles 9 to 11 are immediately applicable to persons serving a custodial sentence.

Article 13

An evaluation of the arrangements provided for in Articles 7 to 11 will be carried out by March 31, 2011 at the latest.

Article 14

This law is applicable in the Wallis and Futuna Islands, in French Polynesia, in New Caledonia and in the French Southern and Antarctic Territories.

This law will be executed as state law.

Done in Paris, August 10, 2007.

Nicolas sarkozy

By the President of the Republic:

The Prime Minister,

François Fillon

The Minister of the Interior, Overseas Territories

and Local Authorities,

Michèle Alliot-Marie

The Keeper of the Seals, Minister of Justice,

Rachida Dati

The Minister of Health,

Youth and sports,

Roselyne Bachelot-Narquin

(1) Law n ° 2007-1198.

– Preparatory work:

Senate:

Bill n ° 333 corrected (2006-2007);

Amending letter n ° 356 (2006-2007);

Report by Mr. François Zocchetto, on behalf of the Law Commission, n ° 358 (2006-2007);

Discussion and adoption on July 5, 2007.

National Assembly:

Bill, adopted by the Senate, n ° 63;

Report by Mr. Guy Geoffroy, on behalf of the Law Commission, n ° 65;

Discussion on July 17 and 18, 2007 and adoption on July 18, 2007.

Senate:

Bill, modified by the National Assembly, n ° 401 (2006-2007);

Report by Mr. François Zocchetto, on behalf of the joint committee, n ° 410 (2006-2007);

Discussion and adoption on July 26, 2007.

National Assembly:

Report by Mr. Guy Geoffroy, on behalf of the joint committee, n ° 103;

Discussion and adoption on July 26, 2007.

– Constitutional Council:

Decision n ° 2007-554 DC of August 9, 2007 published in the Official Journal of this day.

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