An « exceptional penalty reduction » recommended by a report commissioned by the Chancellery – Liberation

A « emergency » which is similar to that of a health crisis. Faced with prison overcrowding, an emergency mission commanded by the Ministry of Justice recommends a « Exceptional penalty » reduction «  general for « all » detainees, with exceptions.

The report, accessed this Saturday, May 10 by AFP, had been ordered by The former Minister of Justice Didier Migaud In November to professionals in the sector (magistrates, prison director, lawyer). It was returned in March to His successor, Gérald Darmanin.

« Overcrowding must now be understood for what it actually represents : a state of emergency « write the authors, while the figures beat new records every month. Latest: 82,921 detainees on April 1 for 62,358 places, or a Global prison density 133 %.

They propose that the legislator determines « In emergency » a « Exceptional penalty » reduction «  Applying for all prisoners condemned and serving a prison sentence in detention, « Subject to the exclusions to be determined by Parliament ». They recommend taking inspiration from the measure taken during confinement against the COVVID of spring 2020, which had allowed to go back for the first time In twenty years under the 100 % occupancy mark in prisons.

« For the sake of acceptability »it will notably be necessary to fix a quantum of sentence beyond which the mechanism would not apply (during the COVID-19, the condemned for domestic violence, crimes, terrorism had no right), as well as the quantum of the reduction of sentence (two months at the time).

To prevent the effects from fading, as had been the case after the pandemic, this mechanism will be able to be « Reproduced » As soon as the threshold of 100 % of the national occupancy rate is exceeded, they say. A such regulation mechanism is claimed by a majority of the actors concerned for years.

« The very large reserve of political representatives » to seize it is explained according to the authors by the fact that « French justice continues to be widely considered lax by public opinion ». And this despite the fact the numbers show that the criminal response « Has never been so strong, that the duration of imprisonment penalties is growing »they underline.

Solicited, the Chancellery said there would be a « Public expression » About the report « In the coming days ». The mission was made up of the first president of the Versailles Court of Appeal, Jean-François Beynel, of the General Prosecutor of the Besançon Court of Appeal, Marie-Christine Tarrare, the president of the Bobigny court, Peimane Ghaleh-Marzban, of the prosecutor of Nîmes, Cécile Gensac, of the director of the Parisian Health Prison, Bruno Clément-Petremann, and the Advocate Clotilde Lepetit.