View of the Gratte-Ciel district, in Villeurbanne (SDH / LPI)
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The Public Prosecutor proposed to the City to experiment with a new procedure for dealing with criminal offenses corresponding to contraventions, from the 1st to the 5th class.
“The Public Prosecutor proposed to the city of Villeurbanne to experiment with a new procedure for dealing with criminal offenses within the framework of the coordinated strategy of pacification of the public space initiated between the Prefecture, the prosecution and the City.
This concerns attacks on people, property as well as acts that disturb public safety and peace, such as noise, traffic obstructions, or even sexist outrages.
The main objective of the protocol is to provide a more rapid, coordinated global response and to reduce impunity for certain offenses identified by the national or municipal police which do not constitute offenses. The measures are only effective if they are implemented within extremely short deadlines and in a concerted manner, in order to guarantee the coherence and the credibility of the response vis-à-vis offenders ”, note the city and the Public prosecutor in a press release.
This new device revealed on Wednesday will bring together a representative of the mayor and the Public Prosecutor’s Office (delegate of the Prosecutor specializing in questions of public tranquility) in order to jointly carry out a “reminder to the law and to civic obligations” during a hearing to be held at the local court. “It may, where appropriate, be accompanied by compensation for damage to the benefit of victims and reintegration measures. For example, an obligation to follow an internship (citizenship, road safety, etc.) or to do unpaid work (see the measures detailed below). The device concerns both adults and minors. The pace of the hearings is set by the delegate of the prosecutor within a maximum period of 15 days after the offense ”, they note.
The elected officials of the city voted unanimously to participate in this protocol during the municipal council of February 22 with an implementation in March 2021. This system will be subject to an annual evaluation.
The City and the Public Prosecutor subsequently detailed the measures, the consideration of victims and the orientation in the event of failure, presented below.
Measures
The legal framework in which this device fits is that of the alternative to prosecution. Following an assessment of the situation, the response can take different forms:
-Reminder to legal and civic obligations
It is legally a reminder of the law (measure ordered by the prosecutor) but which also gives rise to a call to order (measure falling under the mayor).
-Reminder to the law on condition
The reminder of the law may be accompanied by a “condition before classification” (condition so that there is no prosecution in court). The alternative measure is therefore indicated in the report:
• Compensation for the victim;
• Health, social or professional orientation;
• Payment of a fine to the Public Treasury;
• Carrying out internships, for example: awareness of the dangers of drug use, citizenship, parental responsibility, road safety, empowerment for the prevention and fight against violence within the couple and sexist, …
-Unpaid work can be offered for:
• Misdemeanors punishable by a fine or imprisonment for a period less than or equal to 5 years as well as, where applicable, for one or more related offenses;
• 5th class fines (criminal fines of 1,500 euros or even 3,000 euros in the event of a repeat offense within one year).
-The transaction
It is proposed by the mayor, accepted by the offender and must be validated by the delegate of the specialized prosecutor. It concerns the contraventions noted by report by the agents of the municipal police. They are committed to the detriment of the municipality in respect of one of its property. The transaction can consist of the performance of unpaid work for the benefit of the municipality (30 hours) which must then be validated by a judge.
-Specific measures for minors
Before the hearing with the delegate of the Prosecutor and the representative of the City, a socio-educational assessment is carried out by an educator from the Judicial Youth Protection (PJJ) in the presence of the minor and his legal representatives. This meeting allows, in addition to the overall assessment of the socio-educational situation, to contribute to a decision as individualized as possible.
-The measures that may be ordered for minors are:
• Reminder of legal and civic obligations
• Reminder to the law under conditions: compensation, health orientation
• A local awareness / justice action.
This last measure is implemented by the service of the PJJ of Villeurbanne within the framework of actions of citizenship, prevention of risks in order to provide a response adapted to the committed offense. This action gives rise to an individual report for each minor which is sent to the delegate of the prosecutor.
Taking into account victims
Information for victims: At the same time as it delivers the summons to the perpetrator, the national police or the municipal police inform the victim of the possibility of seeking advice from a lawyer or from an association of assistance to victims.
Compensation for victims: the delegate of the prosecutor assesses the amount of compensation in view of the costing (accompanied by supporting documents) sent by the victim. In addition to compensation for damage, in the event of damage, the perpetrator must carry out a restoration when possible.
Orientation in case of failure
In the event of default by the offender, a new summons may be issued to him by the municipal police services. In case of non-appearance, the delegate of the specialized prosecutor will have to draw up a report of deficiency. The procedure is then transmitted to the public prosecutor for the implementation of a penal order or for appearance before the police court.
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