1 France
(1) Expansion of the scope of the provision of aggravated punishment against a repeat offense
The amendment to the Penal Code in 2005 expanded the scope of the provision of aggravated punishment against a repeat offense, and it became possible to apply the provision also to the repeat offenses of assisting prostitution, assaults, etc. Also the amendment in 2007 stipulated that the lower limit of punishment is also to be aggravated against those offenses to which the provision of aggravated punishment had been applied only to the upper limit of punishment.
(2) Social justice follow-up survey
Social justice follow-up survey (Suivi socio-judiciaire) imposes duty to obey a surveillance measure to prevent recidivism (duty to notify a change of abode, prohibition to have contact with a specified person, etc.) and an assistance measure (an assistance for a person subject to the social justice follow-up survey to re-integrate into society) on persons convicted for offenses, such as manslaughter, murder, torture and barbarity, for a certain period of time under the control of a criminal penalty application judge (juge de l'application des peines). In 1998, it was introduced for sexual offenses, and in 2005, the scope was expanded to the offenses of manslaughter, murder, torture, barbarity, etc.
(3) Promotion of the social re-integration measures at penal institutions
At penal institutions, in cooperation with other ministries and relevant agencies, etc., various measures are implemented to promote inmates' smooth re-integration into society. In regard to inmates' education, under the agreement with the Education Ministry, the basic scholarship of inmates is sought to be improved through implementation of an educational program by the teaching staff of the ministry, and preparation has been made to acquire various public education completion certificates including the elementary education completion certificate, etc. Also, there is a system through which inmates can receive vocational training or acquire vocational certificates, utilizing a permission to leave, etc. Besides these, importance is placed on the maintenance of relationship with a family to contribute to the stable living after return to society, and by installing an open interview room, a rest area for families, etc. at criminal institutions; consideration has been taken for the convenience of interviews, etc.
(4) Mobile electronic monitoring device
In 2005, a mobile electronic monitoring device (Placement sous surveillance électronique mobile) was introduced with offenders who have committed certain sexual offenses that are life threatening, as a means of the social justice follow-up survey mentioned in (2) above.
A positioning device is attached to subject's body and the judicial authorities are able to monitor his/her location. Before taking such measure, certain requirements must be met, such as a medical review that such monitoring is necessary for the prevention of recidivism. An experimental implementation commenced in July 2006. General use is considered to start in May 2008.
(5) Judicial Database on Offenders
In 2004, the Judicial Database of Offenders (Fichier judiciaire national automatisé) was established to cover certain types of offenses, such as sexual offenses against minors, torture, manslaughter/murder accompanied by barbarity, and procurement of minors. Data is compiled including the offender's name, address, a change in address, and registered in the database. Offenders are obligated to provide evidence of residence over a certain period of time. The database is utilized in police investigation and is not open to the general public.
|