عنوان انگلیسی مقاله:
What Future for Serious Criminals?
ترجمه فارسی عنوان مقاله:
چه آینده ای برای جنایتکاران جدی است ؟
Sciencedirect - Elsevier - LEvolution psychiatrique, 85 (2020) 193-205. doi:10.1016/j.evopsy.2019.12.007
Flore Dionisio (Conseillère pénitentiaire d’insertion et de probation)c, Anne Faivre Le Cadre (Directrice de la Maison centrale de Saint-Maur, Bel Air) a, Christine Lefèvre Ganahl (Première vice-présidente chargée de l’application des peines du tribunal judiciaire de Versailles)
Objectives. – What happens to those who are called serious crimi-nals once the conviction has been handed down and the possibilitiesfor appeal exhausted; and, first and foremost, what is meant by theterm serious criminal? Is this only the penal qualification of a cri-minal conviction, or should it be combined with the length of thesentence? Is the repetition of criminal acts a condition for this desi-gnation, or is the “simple” sentence of life imprisonment, whateverthe reason for the sentence, sufficient?Methods. – Through the examination of the various legislative deve-lopments and the confrontation between different players in thejudicial system, the future of these subjects is put into perspective.
Results. – The difficulty of finding a single definition of the conceptof serious criminality illustrates, on its own, the diversity of profilesand individual situations it covers. However, given the sociology oflong-term prisoners, the combination of three criteria, excludingthe repetition of criminal acts, seems relevant to the definition ofthe concept of a serious criminal: the sentencing of the individual,male or female, a sentence of at least 15 years, the assignment ofthe convicted individual to a penal institution, whether a jail, a pri-son, or a maximum security prison. The definition criteria thereforeexclude the nature of the acts that led to the conviction, the ques-tion of repeat offenses in the commission of criminal acts, as well asthe age group to which he belongs. As of July 1, 2018, according tofigures from the French prison administration, 500 prisoners wereserving a life sentence, 1,000 prisoners were serving a criminal sen-tence of more than 20 years, and 5,200 prisoners were serving acriminal sentence of more than 10 years, out of a total number of71,000 prisoners.Discussion. – For these serious criminals, how can we reconcile theobjectives set by the law with regard to the function assigned tothe prison sentence – namely to prepare the integration or rein-tegration of the convicted person in order to enable him to act asa responsible person, respecting the rules and interests of societyand avoiding the commission of new offenses – with the crucialquestion of dangerousness in the case of serious criminals? Whe-ther or not the convicted person is considered a major criminal, theobjective of the prison journey must remain the same: to allow asafe return to civilian life from the point of view of society and toprovide security for the convicted person. This secure return willbe made possible if all the parties involved (the prefectoral autho-rity, the judge in charge of enforcing sentences, representativesof the public prosecutor’s office, integration and probation prisoncounsellors, coordinating doctors) work in concert, the challenge interms of public safety being essential.Conclusion. – To talk about the future of serious criminals requires,after the relatively unknown question of the management of deten-tion, that we look at the question of the adjustment of the sentence.Recent criminal procedural reforms, which have focused on com-bating prison overcrowding and limiting the imposition of shortprison sentences, have had relatively little impact on those sen-tenced to very long sentences. The treatment of serious criminalsin detention and then at the sentencing stage has its own speci-fic features. The objectives sought are first of all those common toall persons serving a sentence of imprisonment or criminal confine-ment, namely the prevention of recidivism and the rehabilitation ofthe convicted person, objectives set out in article 707 of the FrenchCode of Criminal Procedure. Follow-through with serious crimi-nals in the event of a return to civilian life also deserves attentionbecause it differs from the way other cases are handled.
Keywords:Serious criminal | Jail | Penitentiary | Length of incarceration | Rehabilitation | Reinsertion | Communitya