Reform of Penalty Reductions in France

Extract

[...] The law then created a new type of exceptional penalty reduction. The decree of September defines the modalities of application of Article 721 of the Code of Criminal Procedure. This article of the Code provides that a penalty reduction could be granted by the judge of penalties to persons convicted who have executed a penalty of deprivation of liberty and who have given sufficient evidence of good conduct and who have shown serious efforts of reintegration. In addition, the decree determines the modalities of granting or withdrawing these reductions. [...]

[...] France, judged on the basis of Article 10 of the European Convention, that the criminal conviction for complicity in public incitement to terrorist acts had infringed his right to freedom of expression (doc. 5). Furthermore, the Court finds a violation of Articles 3 and 13 of the Convention, by its judgment Payet v. France, on account of detention conditions in a disciplinary quarter deemed contrary to the principle of human dignity combined with the applicant's inability to contest the imposed sanction in a timely manner (doc. 8). Finally, the Court recalls by its judgment BM and others v. [...]

[...] In what ways do penal reforms allow for a better adaptation of sanctions? For several years, the French penal system has seen a succession of reforms aimed at improving the effectiveness of criminal penalties. Penalties refer to the sanctions pronounced against individuals deemed responsible for an offense. Several reforms in the execution and application of penalties have succeeded each other, aimed at strengthening and improving penalties. By reforming the scale of penalties and diversifying it, the reforms aim to avoid imposing prison sentences and to strengthen an alternative system, which allows for a better adaptation of the sanction to each individual. [...]

[...] From now on, it will be forbidden for the judge to impose a firm sentence for those sentenced to one month of imprisonment; adjustment will be mandatory for those sentenced to 1 to 6 months of imprisonment, except for impossibility resulting from the personality or situation of the convicted person. Adjustment will be optional if the sentences range from 6 months to 1 year. Beyond one year of imprisonment, no adjustment will be possible. The judicial regulation The European Court has come to regulate the reforms of penalties. [...]

[...] France, which the expedited application for a ruling on the lawfulness of detention constitutes an effective means of redress against violations of Article 3 of the Convention (doc. 11). The Court of Cassation had, on its part, been able to reject the priority question that had been raised against Article 59 of the Law of 22 December 2021 (doc. 7). [...]