NUMBER OF PRISONERS (OPINION)
However, the past (unenforced sentences passed before 2012) needs
to be wiped out by means of a special amnesty, which would apply –
this point needs to be emphasised – solely with regard to offenders
having received light sentences; and if a measure of this kind were to
appear impossible, judges responsible for the execution of sentences
should give favourable consideration, within the framework of
article 723-15 of the Code of Criminal Procedure, to the manner in
which sentences should be enforced with regard to this population,
giving preference to alternatives to imprisonment: however, in order
to have an impact, this measure requires the holding of conferences
aimed at establishing real reduced sentencing policies within the
framework of each court of appeal, which of course need to respect
the independence of judges.
More generally speaking, the authorities will be confirmed in this
measure insofar as, on the one hand, no amnesty was voted at the
time of the Presidential elections of 2007 and 2012 and, on the other
hand, that no decree of pardon is henceforth made at the time of
the Fête Nationale (national holiday). Although the latter point ought
to have unanimous support, and it would be desirable for amnesties
to no longer have the character of measures taken by force of
circumstance, it should nevertheless be acknowledged that amnesties
constitute neither a legal incongruity, nor a strange practice within
a democratic context and that the disappearance thereof from the
national legislative arena should be cause for surprise. It would
probably be harmful for Parliament not to be able to vote measures
of this kind - though the reasons for such a situation be evident the appropriateness and shape of which it is incumbent upon it to
determine: the justification for a measure of this kind at the present
time is scarcely questionable.
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