frequent absence of any educational project, compulsory education being
merely theoretical since minors are able to avoid it; management of young
people’s discipline still leaves great room for improvement; the training of
tutors remains inadequate; and the number of trained tutors is also
inadequate overall.
Certain young offenders’ institutions are satisfactory, while others function with difficulty
and some experience situations that are barely acceptable and can frequently lead to the closing
of institutions.
2.2
Actions taken in response to the Opinion of 8th August 2013
concerning young children in prison and their imprisoned mothers
The Contrôleur Général published an Opinion in the Journal Officiel of 3rd September 2013
concerning young children in prison and their imprisoned mothers. This Opinion was passed on
to the Minister of Justice in order for her to set out observations. The Contrôleur général des lieux de
privation de liberté has not received any response to date.
When parents are deprived of liberty, the need arises to choose between the
inherently unsatisfactory alternatives of either separating them from their
children, or including the latter in the deprivation of liberty (until 18 months
of age), in order to avoid the effects of separation.
Because a positive response cannot be given to these alternatives, in its Annual Report for
2010, the CGLPL expressed a desire for reflection to begin in order to ensure that mothers
imprisoned with children should either be granted reduced sentencing, have the benefit of
deferment of their sentences on grounds of maternity or be granted release on parole.
Members of the National Assembly undertook this reflection, which was manifested in
the filing and adoption of amendments, broadly inspired by the Contrôle Général’s
recommendations, in Act no. 2014-896 of 15th August 2014 concerning the adaptation of
sentences to offenders’ individual requirements and consolidation of the effectiveness of penal
sanctions. Article 25 of this Act amended two articles of the Code of Criminal Procedure (CPP):
14
-
article 708-1 of the CPP is henceforth worded as follows: “When a prison sentence is
to be implemented concerning a woman who is more than 12 weeks’ pregnant, the
public prosecutor at the court of first instance or the judge responsible for the
execution of sentences shall endeavour by every means either to postpone the
implementation thereof, or to ensure that the sentence is served in an open
environment.”;
-
for its part, article 720-1 of the CPP 14 was supplemented by a paragraph worded as
follows: “The threshold of two years provided for under the 1st paragraph is increased
to four years when suspension for family reasons applies either to a convicted person
exercising parental authority over a child of less than ten years of age having their
normal place of residence with this parent, or to a woman who is over 12 weeks
pregnant.”;
Article 720-1 of the Code of criminal procedure: "In misdemeanour cases, where the person sentenced has no more
than two years’ imprisonment left to serve and in the event of a serious problem of a medical, familial, professional or
social nature, this sentence may be suspended or divided into fractions for a length of time not in excess of four years,
none of these fractions being shorter than two days […]”.
27
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