Gabriel Attal, speaking on juvenile delinquency, this Friday, May 24 in Valencia.
POLITICS – He advocates a “ burst of authority “, they reply that the measures announced “ already exist “. The magistrates welcomed with great skepticism the announcement of Gabriel Attal on a bill ” before the end of the year “ on juvenile justice.
Main measure presented by the Prime Minister this Friday, May 24: a procedure of ” immediate appearance “ for young people over 16 years old, ” in some cases “ of aggravated violence, reserved for “repeat offenders”. By this, “the court decides on both guilt and punishment, immediately after the offense”, he pointed out.
The “unique audience” already exists
“We should not judge minors like adults,” warns Aurélien Martini, deputy secretary general of the Union Syndicale des Magistrats (USM), who sees “with difficulty” how this measure, going against France’s international commitments, could be constitutional.
Especially since a mechanism adapted to this profile of minors “ Already exists “underlines Kim Reuflet, president of the Magistrates’ Union (SM, classified on the left).
This is the so-called procedure of“unique audience”which allows a young person over 16 to be released the same day, with an immediate security measure (judicial control, placement, prison), before a trial hearing, within the month following for the most serious acts.
It is “extremely fast and more than sufficient”, notes Alice Grunenwald, children’s judge in Saint-Etienne and president of the French Association of Youth and Family Magistrates. The deadlines, she emphasizes, are often even ” shorter “ than in immediate appearance for adults, where the accused systematically has the right to request a postponement of the hearing “to prepare his defense”and is therefore only judged a few weeks or months later.
The previous reform of juvenile justice is not three years old
Like others, Alice Grunenwald shares her “real incomprehension” of a new reform “absolutely useless” of juvenile justice, while the previous one, carried by the current Minister of Justice, Eric Dupond-Moretti, who wanted to judge “better and faster”is not even three years old.
Especially since the first results are good: last October, a parliamentary evaluation report highlighted the delays “considerably” shortened judgments – welcomed by the magistrates – thanks to a mechanism setting a limited time to rule on the guilt of the minor (three months), and pronounce a sanction (an additional six to nine months).
“The difficulty today is not pronouncing the judgment, but the lack of means to carry out the sentence”explains Aurélien Martini, from USM. “The file arrives on a pile of files, the young person sees nothing coming for 4-5-6 months” after his sentencing… “it makes a lot less sense”.
“It’s a pure announcement effect”
Gabriel Attal spoke for a ” waypoint “ halfway through two months of consultations launched in April, after the death of Shemseddine, 15, beaten near his college, an event which caused immense emotion. The other measures announced Friday are also decried by the magistrates as ” Communication “.
Placement in a foster home “for a fortnight” of a young person from “first serious incident”to cut it “of his bad company” ? “It’s already perfectly possible”explains Alice Grunenwald. “There is no problem with the text, no resistance from the children’s judge. The big difficulty today is finding a place in a shelter, that’s what’s blocking us”.
As for work of general interest “in additional penalty” (in addition to the main punishment) for parents convicted of “subtraction from legal obligations » towards their children… “it’s a pure announcement effect”says Kim Reuflet. “It will not change anything in judicial practice since it is already possible to order community service” as the main penalty.
After the riots following Nahel’s death last summer, Eric Dupond-Moretti called on the public prosecutor’s office to take more seriously this offense to prosecute the parents. “defaulters”. Convictions increased by 38% in one year, going from 97 convictions for the first quarter of 2023 to 134 in the first quarter of 2024, according to the Chancellery, which was not in a position on Friday to give a quantum of the sentences handed down.
“The entire legislative arsenal exists”concludes Alice Grunenwald. “We cannot change our law every time there is a news item, and even less so when it works.”
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