Paris (AFP)

Presumption of "non-discernment" for children under 13 years of age, two-step trial, educational challenge: the draft order reforming juvenile justice, to come into force in October 2020, was presented Wednesday in the Council of Ministers.

This future "code of juvenile criminal justice", which is to replace the order of February 2, 1945 on delinquent childhood, aims to judge "better" and "faster" and was submitted to the Council in the summer of State.

While welcoming the need for a major overhaul of juvenile justice, professionals criticize the government's approach and the "front-line consultation" imposed by the choice to legislate by ordinance.

The new juvenile penal code will not come into force immediately: it will be tabled in Parliament, which will have one year "to debate, modify, enrich," according to the Chancellery.

- Presumption of irresponsibility -

In its first article, the draft code establishes a principle: "Minors under the age of thirteen are presumed not to be capable of discernment". This is a simple presumption: a judge may decide that a young person of 11 or 12 years old is discerning and therefore criminally responsible. He will then receive an educational measure.

Disclosed on June 13 by the Minister of Justice Nicole Belloubet, this measure is "more symbolic than revolutionary," judge judges' unions, since it is not possible to sentence a minor under 13 years .

Today in France, the penal majority is set at 18 years and there is no "criminal minority" but age thresholds: a minor under 13 years can not be placed in custody; from 13 to 16, he may be imprisoned and, in criminal cases, be subject to pre-trial detention, a possibility extended to past offenses 16 years.

Several international conventions, ratified by France, require that an age floor be retained. In Europe, the age of criminal responsibility varies: it is 10 years in England, 14 years in Spain, Germany and Italy, 18 years in Belgium.

- Two-step procedure -

Nicole Belloubet wants to introduce a break in the criminal procedure in two stages. A first judgment on the youth's guilt will occur within a maximum of three months. If found guilty, the judge then pronounces an "educational test" of six months, renewable once for three months.

It may be accompanied by a provisional judicial education measure (prohibition of contact with the victim for example) but also by security measures (judicial control, house arrest, or even pretrial detention).

At the end of this period, the judges or the juvenile courts render a judgment within one year maximum on the sanction, which is either an educational measure or a sentence.

This fast-track procedure aims to reduce the time of trial by 18 months and to compensate victims more quickly.

The announced deadlines are "completely unrealistic" unless a significant increase in means, say the professionals. "This central issue of deadlines will change the nature of our work - we need time," said Vito Fortunato, SNPES-PJJ-FSU, the first union of specialized educators.

The Union of the Judiciary (SM) denounces a modification "serious": a sentence of work of general interest can be ordered in the office of the judge "where hitherto were pronounced only educational measures. The Union of Magistrates (USM) is also "very unfavorable".

- Limit pre-trial detention -

Despite juvenile delinquency that has not increased for more than ten years, the pre-trial detention of minors breaks records: as of April 1, 83.8% of the 845 young prisoners were awaiting their judgment, thus presumed innocent.

The minister wants to reserve her for serious facts. It may also be pronounced against "repetitive minors" or in case of repeated violations of the obligations fixed in the context of a judicial review.

The creation of twenty new closed educational centers (CEF), in addition to the existing 51, "will offer child judges an enhanced alternative to the temporary imprisonment of minors," the ministry also said.

© 2019 AFP