"Censure of Six Articles in Juvenile Justice Law by Gabriel Attal Contested for Discrimination Against Minors"
Revised Base Article:
Gabriel Attal's bill aimed at toughening the authority of justice for delinquent minors and their parents was dealt a blow by the French Constitutional Council on June 19. They nixed six key articles, including the controversial Article 7 that sought to eliminate the "youth excuse" for minors over 16 in recidivism cases punishable by five years or more.
The "youth excuse," halves penalties for minors as per the Penal Code. However, this can be overruled given the young person's "personality" and "situation." The new law aimed to reverse this by making mitigation an exception that would require justification.
The Council deemed this move as disregarding the "constitutional requirement of the attenuation of the criminal responsibility of minors according to age."
Criticism over Immediate Appearance Procedure
Five other articles were either partially or completely struck down by the Council. These included provisions for immediate hearings for 16-year-old recidivists and a single hearing procedure.
However, the Council did validate a contested provision that increases penalties for parents whose legal obligations result in their underage child committing offenses.
Communist deputies and La France insoumise pointed out how this law ignored "the overriding interest of the child" and principles of juvenile criminal justice. They criticized the abolition of the "youth excuse," claiming it prioritizes repression over educational intervention without considering the minor's specific situation.
Additional Insights:
- The Constitutional Council, acting as the guardian of the French Constitution, protects fundamental principles such as balancing individual rights and public order. The Council's decision likely conflicted with constitutional provisions upholding the integrity of the judicial process, public safety, and principles of justice and equality.
- By removing Article 7, harsh penalties for repeat offenses by minors over 16 remain in effect, focusing on accountability and potential deterrence in the current legal framework.
- This decision challenges Prime Minister Gabriel Attal and his centrist government to reconsider their approach to juvenile justice reforms, possibly leading to policy changes that better align with constitutional norms.
- The decision reinforces the principle that criminal accountability must be maintained for youth offenders under certain conditions, despite calls for leniency.
The decision of the French Constitutional Council on Gabriel Attal's bill has sparked criticism from Communist deputies and La France insoumise, who argue that the abolition of the "youth excuse" disregards the overriding interest of the child and principles of juvenile criminal justice, prioritizing repression over educational intervention without considering the minor's specific situation.
This conflict with the Council's decision may necessitate policy changes in the field of policy-and-legislation regarding crime-and-justice, particularly as it concerns minors, to ensure alignment with constitutional norms and the general-news concerns for the protection of youth rights and the preservation of justice.
