The Institute for Justice (IPJ) denounced, in a report made public last week, the poor execution of prison sentences and the danger that this poses to society. However, the idea is widespread that this difficulty in enforcing sentences concerns “petty” offenders. Criminals deemed dangerous would be duly put behind bars, for the sake of protecting society. This is far from always being the case, even after a heavy sentence of criminal imprisonment. And a 2021 law, which has gone completely under the radar when it encourages delaying the incarceration of convicted criminals, raises fears that things will not work out. Moreover, the slowness of justice also means that dangerous criminals continue to walk our streets, even when they are identified.
On January 25, Séverine Moulin explained on our set how a child criminal, sentenced in 2021 by the Vaucluse Assize Court to 10 years’ imprisonment for having raped her repeatedly during her childhood, was able to get out of prison. less than two and a half months after his incarceration.
Always outside…
The man, however, has not been remanded in custody. He is still outside to this day, without an electronic bracelet, simply having to respect a judicial control which he has already violated several times. This last point earned him… a reminder of the law. It should be noted that Séverine Moulin is not the only victim of the rapist of minors, and that moreover, the latter is employed by the founder of an accredited association to propose foreign children for adoption.
Judicial slippage? The exception that would prove the rule that convicted criminals go straight to jail? No.
In January 2023, an individual, tried for 17 supermarket robberies, was sentenced, for two of them, to eight years’ imprisonment by the Nanterre Assize Court. But as the court does not issue a warrant of committal, he leaves the court free.
In November 2022, it was for attempted rape of a minor that JS appeared before the Toulouse criminal court. He was caught in the act by the police in the middle of an attack and the general attorney demanded 10 years’ imprisonment with immediate imprisonment. The individual finally receives six years of criminal imprisonment, without a warrant, and he is still outside at this time.
…but why ?
However, this repeat offender of sexual offenses against a minor was not at his first attempt. A few years ago, this former supervisor had been sentenced for the first time to two years in prison, including six months, for sexual assault on a student.
More recently, in January 2022, a new sentence of 25 months’ imprisonment was pronounced against him by the Toulouse Court of Appeal for incest on his daughter. His lawyer, Maître Sarah Nabet-Claverie, told us that this procedure is currently the subject of an appeal in cassation and that no provisional security measure has been ordered against his client.
She also confirmed to us that the latter did not wish to appeal the six-year prison sentence pronounced by the Toulouse criminal court in November 2022. This non-adjustable sentence is therefore final. So why is he outside?
Because “the criminal court found that the warrant of immediate committal was not necessary”rejoices Maître Nabet-Claverie, before continuing: “Until a very short time ago, it was mandatory”. Indeed, until recently, a conviction in the Assize Court was equivalent to detention.
Recent law
But a law of December 22, 2021, which has gone unnoticed by the general public, now allows an individual appearing free not to be immediately sent to prison after a conviction, even for a crime. Assize or criminal courts must even justify their decisions to issue a warrant of committal by the need for a “special security measure”.
“This avoids both the violence of immediate incarceration and incarcerations potentially far from the place of residence”, explains the Toulouse lawyer. However, she wants to be reassuring: her client is in contact with the public prosecutor of Cahors, “who will soon offer him a date of incarceration”.
This particular treatment reserved for convicts appearing free brings us to another problem: the slowness of justice. For a crime, the initial duration of a pre-trial detention is one year. Extensions are possible, but cannot exceed four years for the most serious cases. So it is not uncommon for defendants to appear free.
Left free to commit a new crime
It took 14 years for Séverine Moulin, mentioned above, to have her rapist sentenced to 10 years in prison. 14 years during which a criminal walked our streets. And the latter appeared free. The murderer of the young Sihem, whose sad end recently upset the country, was summoned to appear before an assize court, a week after the death of the young girl. He should have answered for the armed robbery and the kidnapping of a couple of traders. Eleven years had elapsed between this robbery and its date of summons. The individual appeared totally free. If this dangerous repeat offender had been summoned earlier, it is safe to assume that Sihem would still be alive.
Another young woman, whom we will soon receive at FranceEvening, also had to endure a 14-year legal ordeal, before succeeding in having an individual who had raped her, her sister and girlfriends, sentenced to 18 years’ imprisonment when she was a child. . This former sports animator has many victims to his credit. This individual did not appear free before the Assize Court of Douai, but it is because during this period of 14 years, he was convicted for other acts of sexual assault on minors.
Failure to immediately apply the sentences handed down, as well as the extreme slowness of certain procedures, constitute extremely painful legal mistreatment for the victims. But that’s not all: they can, moreover, prove to be an inconsiderate risk-taking for public safety.