27 janvier 2021| The Canadian news
The right-wing majority Senate adopted by show of hands, Wednesday evening January 27, at first reading, after the National Assembly, the reform of the criminal justice of minors, considered too “Repressive” from the left. The text mainly aims to speed up judgments, via a two-step procedure, interspersed with a period of “Educational test”.
Deputies and senators will try to agree on a common text in a joint committee, which seems achievable. “The debates showed a convergence on the essential”, noted the senator of the group Rally of Democrats, Progressives and Independents (RDPI) majority On the march, Thani Mohamed Soilihi.
The Keeper of the Seals, Eric Dupond-Moretti, has “Noted” the will of the senators to postpone the entry into force of the reform from March 31 to September 30. According to the rapporteur Les Républicains (LR), Agnès Canayer, it is about him “Give every chance of achieving its objective of reducing delinquency”.Article reserved for our subscribers Read also Juvenile justice reform postponed to September
A two-step procedure
The bill passed by show of hands is the ratification of an ordinance. A method unanimously criticized on the benches of the Senate. The code of criminal justice for minors that it organizes is intended to replace the 1945 ordinance devoted to juvenile delinquency. The centrist senator Dominique Vérien expects some “An improvement for the child being tried but also for the victim”.
It sets up a two-step procedure, with the objective of reducing the use of pre-trial detention, which today concerns 80% of imprisoned minors.
A first hearing will have to rule on the guilt within three months (against 18 months currently on average). A second hearing will have to be held within a period of between six and nine months, for the pronouncement of the sanction (sentence or educational measure).
In the meantime, the minor will be subject to a period of “Educational test”, which may include educational and safety measures. A “Single audience” will remain possible for minors already known to the courts.Article reserved for our subscribers Read also A reform to judge minors as close as possible to the facts
Decision entrusted to a juvenile judge
Against the advice of the government, the senators entrusted to a judge of children and not to the judge of freedoms and detention, the decision to place a minor in pre-trial detention. Likewise, they entrusted the juvenile judge with the least serious contraventions, for which the police court was competent. The code also provides for a presumption of irresponsibility before 13 years.
Regarding “Discernment”, the upper house adopted the government’s definition that the minor “Understood and wanted his act” and “Is able to understand the meaning of criminal procedure”.
The left voted against the text, the president of the communist-majority CRCE group, Eliane Assassi, denouncing “A repressive drift”, while the ecologist Esther Benbassa judged “Bringing juvenile justice closer to that of problematic adults”. “A minor in conflict with the law must be considered above all as a child to be protected”, said Laurence Harribey (PS).
An amendment by Senator LR Valérie Boyer created a moment of tension in the evening. He aimed to create “A contract of engagement” for “Empower” families, with financial penalties. It was ultimately not adopted.Article reserved for our subscribers Read also Why juvenile justice reform stirs up opposition
Lien de l’article : https://thecanadian.news/2021/01/27/juvenile-justice-senate-green-light-for-reform-with-some-modifications/