Paris (AFP)

Speed ​​up procedures, reduce pre-trial detentions ...: the National Assembly voted largely on Friday for the delicate reform of juvenile criminal justice, deemed too "repressive" by the left and professionals in the judicial protection of young people, and too lenient by some on the right or on the RN.

This bill, adopted at first reading by 41 votes to 8, is the ratification of a government ordinance due to enter into force on March 31, 2021, after a postponement due to the coronavirus.

It replaces the 1945 ordinance devoted to juvenile delinquency in order to speed up judgments, via a two-step procedure, with "educational testing".

This new "code of criminal justice for minors" also provides for a presumption of irresponsibility before 13 years.

For minors aged 13 and over, the government finally intends to "reduce" the length and number of pre-trial detention, which is breaking records, despite a relatively stable number of cases.

"It is my insurance", and "also what carries me", insisted Eric Dupond-Moretti Friday.

The need for a major overhaul of the founding text of juvenile justice, amended 39 times since its creation at the Liberation, is unanimous.

But the use of an ordinance, taken in September 2019 and which parliamentarians are called upon to simply ratify, offends the unions in the sector, like the opposition.

On December 1, a hundred lawyers, magistrates, clerks and educators demonstrated in front of the Bobigny courthouse (Seine-Saint-Denis), the first children's court in France, to denounce the "repressive" logic and "l 'lack of means' of the text.

The goal is to do "more quickly, without providing the means, to the detriment of the quality of educational support," denounce several organizations such as the CGT or the League of Human Rights in a petition.

On the left, communists and LFI protested against the text, judging that it does not present "the necessary safeguards" and sees minors through "the sole prism of delinquency".

Socialist Cécile Untermaier voted for the bill: in her eyes, "it is not the text that poses a problem", but the "budget".

- "We are not in search" -

The discussion during two days in the hemicycle gave rise to a series of passes of arms between rebellious Ugo Bernalicis and Eric Dupond-Moretti.

"We are not in search, we must be respectful of people, that's enough!", Ended up blurting, annoyed, the Minister of Justice, standing and mike cut.

On the other side of the chamber, the extreme right and some LRs like Eric Ciotti criticize the threshold of criminal irresponsibility at 13, synonymous with "impunity", even for "serious crimes".

"How can we imagine that a 12-year-old child is thrown in prison, it's a step backwards", Eric Dupond-Moretti reacted sharply to an amendment by Emmanuelle Ménard, close to the RN.

At LR, the majority position was, however, to support the text and its judicial "good deadlines", "even if the means will be needed", warned Antoine Savignat.

On the LREM side, Alexandra Louis was delighted with the "balance" of the new code, with the "primacy of education".

In detail, the two-step procedure for minors will consist of a first hearing to rule on guilt within a maximum of three months (against 18 months currently on average according to the Chancellery) and a second hearing for the pronouncement of the sanction or educational measures.

This "caesura" of the criminal trial was a flagship measure of the aborted reform project of the former socialist minister Christiane Taubira.

A "single hearing" will however be possible for the less serious cases, or conversely for the most serious acts committed by a minor already followed.

"For the sake of impartiality", the deputies adopted an LREM amendment to leave to a judge of freedoms and detention, specializing in minors, the task of ruling on a possible pre-trial detention.

The children's judge will rule on the guilt and the penalty.

On Thursday, the deputies also supported the majority's amendments to more easily free up places in closed educational centers (CEF) and make cultural and socio-cultural activities compulsory.

According to the report of deputy Jean Terlier (LREM), "the delinquency dealt with by the prosecution concerned 233,000 minors in 2018, or 3.5% of the population aged 10 to 17".

Half of the juvenile offenders were 16 or 17 years old.

© 2020 AFP