“General States of Justice” (3/3). Farm prison sentences are executed, but often late, and the fitting circuit is in difficulty.
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This is the obsession of the police unions and the shock issue of politicians: how can a person come out of a court that has just sentenced to a prison sentence? The question will not fail to resurgence on the occasion of the States General of Justice that Emmanuel Macron had to launch Monday, October 18 in Poitiers. The answer is complicated, which explains the incomprehension of the opinion and the ease with which some take place for controversy purposes.
There are good reasons for this reality, and less good. Even the magistrates responsible for the execution or application of sentences say it, it sometimes became such a gas plant than the meaning of the sentence can be lost. The subject concerns the shortest penalties, a few months to two years. The warrant on the hearing to take the person in prison without the possibility of going home kiss his family is in principle the consideration exception. This is supposed to apply to those whose release would cause serious disorder to public order.
Reintegration and recurrence
It is first in the name of the right to appeal that the execution of the sentence is not immediate. Imprisoning a person who can be relaxed on appeal or sentenced to another sanction would not be good justice.
Then applies the principle of individualization of the sentence. The Correctional Court shall adopt a sentence according to the nature of the offense, the judicial history and the behavior of the individual (if he recognizes his responsibility, if he manifests regrets, etc.), rarely depending on the course of life ( Ongoing training, employment, family status …). The sentence can then be set up in a second step, for example in the form of home detention under electronic supervision for a person with a stable job and support from his family. The exit schedules with his bracelet will be based on his work.
A young person without training may see his sentence in the form of a work of general interest. Note that the average length of prison stays of the convicts was in 2019 of 10.7 months, something to twist the neck at the idea that all the short sentences would be arranged.
“A layout is a punishment and it’s a lot more demanding in terms of constraints than to turn around in a walk, explains Ivan Guitz, a judge of the application of the bobigny court sentences and president of the national association bringing together these specialized magistrates. It is decided according to the evolution of the person, our goal is to work on reintegration and thus to limit the risk of recurrence. “
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