Court of Cassation, non-retroactivity principle, harsher penal laws, principle of legality, penal code, execution regime, application of penalties, suspended sentence, revocation
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Abstract
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Abstract
The Court of Cassation affirms the general and unconditional application of the principle of non-retroactivity of harsher penal laws, as a corollary of the principle of legality.
Extract
[...] In in effect, the judges of the chamber of the application of penalties assert that the provisions of the anti-rapprochement mobile « ne can apply that in the hypothesis where a revocation of sursis probatoire could to be envisaged, in reason de manquements de the interested party à his obligations or of the commission of a new infraction ». This appraisal remits in cause the principle de not retroactivity de the a harsher penal law and makes it dependent on a judicial decision. [...]
[...] » The principle of legality of penalties is here dedicated ; the implies that for to be condemned, the faut necessarily that the incriminating text must have been previously in force. As for the sentence imposed on the convicted person, she must to have been planned before the commission of the facts, afin that the condemned wait pu knowing what he was exposing himself to by committing the offense. The principle of non-retroactivity of harsher penal laws est so a corollary of the principle of the legality, principle to value constitutional. [...]
[...] Article 112-2 of the Penal Code, the principle of not rétroactivity of the law penal plus severe, is inscribed in a logic favorable for the condemned. In in effect, only the laws judged more sweet can retroact, by the retroactivity in mitius. The latter consists in making laws that are less severe retroactive, considering that if henceforth, the offense is no longer sanctioned or its penalty has decreased, the defendant who acted before the entry into force of this new law has every interest in having it applied to them ; the repressed behavior having become less dangerous for society. [...]
[...] The Court of Cassation recalls the non-retroactivity of more severe penal laws, a corollary of the principle of legality and confirms the general application of this principle (II). The non-retroactivity of more severe penal laws : corollary of the principle of legality The non-retroactivity of more severe penal laws is a principle preventing the retroactive application of a more severe penal law and which therefore requires that the law be in force at the time of the facts The non-retroactivity of principle : inapplicability of a more severe law to prior facts The line 3 of the article 112-2 you Code penal dispose in substance that les lois relatives au execution regime et of application of the penalties are applicable immediately to the repression of infractions committed before their entry into force. [...]
[...] In the species, a law entrance in vigor the 28 December 2019 a permit the placement in place of a device mobile antirapprochement. The Cour de cassation, le 22 septembre 2021 affirm that this device is a aménagement of a penalty of imprisonment here relieves well of the line 3 of the article 122-2 of the Code penal. This measure relative to the execution of penalties is entrance in vigor after the facts reproached to the convicted person. The Prosecutor of the Republic demand a obligation of dispositif antirapprochement within the framework of the suspended sentence pronounced on 17 September 2019, in respect of the convicted person for violence. [...]
