The Prime Minister Gabriel Attal announced during a speech in Viry-Châtillon on April 18th, following the fatal assault of a 15-year-old near his school, that he is willing to consider attenuating the so-called “minority excuse” in certain cases. This challenges the current principle of reducing a minor’s sentence by half compared to adults, a promise made by candidates from the Republicans and the National Rally in their 2022 presidential election campaigns. In practice, a minor can already be considered and judged as an adult from the age of 16, under exceptional circumstances. However, Attal proposed the idea of treating minors from the age of 15 or 16 as adults by default, with the judge having the option to provide a minority excuse if deemed appropriate.
Current legislation allows for severe treatment of all minors over the age of 13, including being placed in police custody, fined, and even detained. The penal regime for those under 13 is significantly different, following international treaties signed by France such as the Convention on the Rights of the Child. These young minors cannot be imprisoned and benefit from a presumption of non-discernment, meaning they are considered irresponsible for their actions unless proven otherwise by the judge. The French justice system for minors has faced over 50 reforms since 1985, reflecting the ongoing debate over how to best handle juvenile offenders.
The justice system for minors in France was established by the 1945 ordinance, which emphasized the importance of treating children differently from adults and combining repressive measures with educational ones. Over time, the system has been modified to align more closely with the adult judicial system. Attal’s proposal to introduce immediate appearance for minors is part of this effort to streamline procedures. The 1945 ordinance has been revised over 50 times before being replaced in September 2021 by the “code of juvenile criminal justice,” aiming to improve clarity in the law and expedite legal processes, including decreasing the use of pretrial detention among minors.
A report from the Court of Auditors in 2023 showed that before the implementation of the new code in 2021, 77% of detained minors were in pretrial detention, a number that decreased to 61% by 2023. In comparison, only around a third of adults in pretrial detention are over 18. The reforms in the juvenile justice system aim to strike a balance between holding minors accountable for their actions while also providing them with the necessary support and guidance to prevent future criminal behavior. The debate over the best approach to juvenile justice is ongoing, with Attal’s proposal sparking discussions about the appropriate balance between punitive measures and rehabilitation for young offenders.
