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Recidivism in French criminal law
Recidivism is an important concept in French criminal law , designating the repetition of an offense previously and definitively condemned. It is considered an aggravating circumstance that may result in the imposition of a more severe sentence, including the possibility of doubling the original sentence. The rules surrounding recidivism vary depending on whether the initial offense is classified as contraventional, delictual or criminal. The provisions relating to recidivism in French law are mainly governed by articles 132-8 and following of the Penal Code.
Evolution of Recidivism Laws
In France, there have been notable changes in recidivism laws over the years. On August 10, 2007, law no. 2007-1198 introduced article 132-19-1 of the Penal Code, which sets “minimum” penalties for repeat offenders. These minimum sentences were intended to ensure harsher penalties for repeat offenders.
However, on August 15, 2014, the law on the individualization of sentences (law no. 2014-896) entered into force, repealing the minimum sentencing regime. This earlier system has been criticized for being too rigid and limiting the criminal judge’s discretion to tailor sentences according to various factors and individual circumstances. The reform aimed to strengthen the judge’s ability to adapt and individualize sentences.
Current approach to recidivism
Since 2014, the focus on the prevention of recidivism in French law has shifted towards penal constraint. Under the supervision of the sentence enforcement judge, penal constraint requires individuals to respect specific obligations and prohibitions in an open environment for a period ranging from six months to five years. This approach aims to promote reintegration and reduce the risk of recidivism. Initially, the penal constraint applied to offenses punishable by a maximum penalty of five years’ imprisonment from January 1, 2015, then was extended to all offenses from January 1, 2017.
The reform reaffirmed the principle of individualization of sentences by abolishing automatic sentencing measures. It grants judges the sovereign power to assess the sentences to be imposed taking into account various factors and circumstances surrounding the case. However, despite the increased emphasis on individualization, recidivism continues to be severely condemned by law.
In conclusion, recidivism occupies an important place in French criminal law, triggering more severe penalties for repeat offenders. Over time, the approach to combating recidivism has evolved, with a shift towards penal coercion and the removal of rigid sentencing provisions. Nevertheless, recidivism remains a serious offence, leaving the determination of the appropriate penalties to the discretion of the president of the court.
