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UN Profile - France

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2.0. GENERAL BACKGROUND
 
The basis of present criminal law is found in the 1810 Penal Code (Code Pnal)
with its many revisions.  The most important recent revisions include the 1975
Act reforming the system of fines and suspended sentences and instituting a
number of alternatives to imprisonment: the 1978 Act introducing the safety
period (priode de sret) during which, among other things, no release on
parole can occur (since 1986 this safety period may last up to 30 years in the
case of a life sentence), the 1981 Act abolishing the death penalty, and the
1983 Act introducing the community service order.  Another important development
since 1945 has been the evolution of criminal law concerning juveniles.  A
comprehensive revision of penal law has been under way for more than 50 years.
The last Draft Penal Code was published in 1986 and examined by Parliament in
1989.
 
The basis of criminal proceedings is to be found in the Procedural Code of 1959
(Code de Procdure Pnale) which is a successor of the original code of 1808
(Code d`Instruction Criminelle).  Among revisions made since 1959, one can
mention those concerning pretrial detention in 1970, 1984 and 1989.
 
The investigation of offences is generally undertaken by the police.  The
administrative police forces are divided into two bodies; the Police Nationale
operating under the supervision of the Ministry of the Interior and the
Gendarmerie operating under the supervision of the Ministry of Defence.  The
Police Nationale comprises the Sret Nationale responsible for all French
territory with the exception of the Paris region and the Prfecture de Police
responsible for Paris and three neighbouring departements.  However, for towns
with less than 10 000 inhabitants the police forces are community forces (police
municipale) headed in towns comprising more than 5 000 inhabitants, by a
national police chief constable (commissaire).
 
The Gendarmerie is divided into two branches, the Gendarmerie Dpartementale
assigned to the different regions and the Gendarmerie Mobile as a standby force
for special tasks of securing public order.  The Gendarmerie acts also as a
military police force.  More specific investigation duties primarily belong to
the Police Judiciaire, which forms a part of the administrative police forces,
but whose officers are not necessarily uniformed.
 
The results of police investigation are passed on to the prosecutor who is
responsible for all further public action (action publique).  The prosecutorial
force is formally called the Minist
re Public and, in everyday parlance, le
Parquet.  It operates under the supervision of the Ministry of Justice.
 
The French system of administering criminal justice adheres to the principle of
discretionary prosecution (the opportunity principle).  The public prosecutor
may charge a person with an offence or dismiss the case.  The victim may
initiate legal proceedings either by presenting the case directly to the court
(citation directe) or by constituting him or herself as a "partie civile" before
the examining judge, who will investigate the case and may refer it to the
court.
Police courts deal with contraventions.  These include all offences which are
punishable by fines or imprisonment of less than two months.  Some of the
socalled 1st to 4th class contraventions, mainly traffic violations, if not
contested and if the offence is only punishable by fine, are usually dealt
without any judicial process by the payment of fines.
 
Those contraventions which pass through the judicial system will, in most cases,
be dealt with in the absence of court hearings by  the police judge who can only
impose a fine in such circumstances.  In general, at the police tribunal courts,
fines are the rule and shortterm imprisonment the exception.
 
If the offence is legally regarded as a misdemeanour (dlit) and brought to
trial, it will be dealt with by the correctional courts (tribunaux
correctionnels) as general courts of first instance.  The comparatively small
number of severe felonies (crimes) is handled by the courts of assizes.  All
courts are independent.  Their budget comes through the Ministry of Justice.
 
Children under thirteen cannot be sentenced or detained on remand.  Full adult
liability comes at the age of eighteen.  Offences by those below thirteen (or by
youths above this age if their case is not to be dealt with by the criminal
justice system) are dealt with by the social welfare authorities and the youth
courts which may impose educational assistance and control measures.  Juveniles
are subject to youth courts which may pronounce educational assistance and
control measures or sentences.  They will generally receive a mitigation in the
penalty.  If the suspect is between sixteen and eighteen years of age, the court
may elect to treat him or her as an adult, and not apply the mitigation.  Since
1989, no detention on remand in a correctional matter can be ordered for someone
aged sixteen or below.
 
 
Selected offences
 
Criminal statistics include crimes known to the police and the gendarmerie with
the exception of those from overseas departements and all contraventions.  Since
1980, the total number of crimes reported first increased rapidly, then the rate
of increase slowed, and finally turned to a decrease (by 8 % between 1985 and
1986).  Taking the period as a whole, there was an increase of 25 % in reported
crime.  Following a similar pattern, the number of those suspected decreased by
13 % from 1985 to 1986 but increased by 18 % between 1980 and 1986.  Criminal
statistics report an overall clearance rate of 40 %, varying from 15 % for theft
to more than 100 % for drug related crime (this last figure is explained by the
fact that the clearance rate is the ratio of cases cleared during a year to the
cases reported during the same year).  The cleared cases are those which have
been attributed by the police to suspected offenders, regardless of the judicial
decision which follows.
 
In 1986, the rate of reported crime was 595 per 10 000 inhabitants and the rate
of suspected people was 146 per 10 000.
 
Intentional homicide.  The data on intentional homicide includes infanticide and
poisoning: this explains the difference between the figures on reported
homicides published in the Third as compared with the Second United Nations
Survey, which did not.  There were 2 413 cases of intentional homicide reported
by the police in 1986, including attempts.  The number has decreased during the
last two years of the period covered by the Third Survey, interrupting a general
trend of increase.  The number of those suspected of intentional homicide was 2
680 in 1986.
 
 
Assault.  36 549 assaults were reported by the police in 1986.  These include
aggravated and simple assaults but exclude petty cases which qualified as
contraventions.  The number of assaults reported decreased by 7 % between 1985
and 1986 after a general trend of increase.  30 777 people were recorded as
suspected of assaults.
 
Robbery.  50 740 robberies were recorded by the police in 1986.  Of these, 8 001
were armed robberies (vols  main arme).  Except for 1986 the overall trend is
one of increase.  13 942 people were recorded as suspected of robbery.  The
series for armed robbery is given in the French statistics on crime as follows:
 
1980          4 841
1981          5 408
1982          5 535
1983          6 139
1984          7 661
1985          8 909
1986          8 001
 
Theft.  Thefts represent 62 % of reported crimes.  They increased by 29 % from
1980 to 1986.  2,041,268 thefts were reported in 1986, of which 20 % were
burglary and 13 % were car theft.  The major category of theft was "theft from a
car" (vol  la roulotte): this comprised 32 % of all recorded theft in 1986.
 
 
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2.1. STATISTICS --BACKGROUND
 
 
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2.2. CRIMINAL JUSTICE STATISTICS (1970-1980) Background
 
 
---------------------------------------------------------------------------
2.3. Offenses Reported To The Police
 
Crime       Years                     Total Numbers
MURDER      70-75     203       205       259       209       210
MURDER      75-80       M         M         M         M         M         M
ASSAULT     70-75   21830     27168     30515     30235     18903
ASSAULT     75-80   31597     29988     31962     30818     32555     32926
SEX CRIME   70-75    3554      4101      4138      3649      2100
RAPE        75-80    1589      1489      1531      1631      1695      1886
ROBBERY     70-75     355       410       517       626       473
ROBBERY     75-80    3523      3807      4580      4706      4993      4841
THEFT       70-75   67521     73302     79649     76631     58283
THEFT       75-80 1223250   1206521   1322820   1337923   1456417   1607244
FRAUD       70-75   58383     71251     66202     56822     55657
FRAUD       75-80    2760      3339      3630      4599      4198      4865
KIDNAPING   70-75       0         0         0         0         0         0
KIDNAPING   75-80      13        13         8         3         2         8
TOTAL CRIMES
            70-75
            75-80 1913000   1824000   2098000   2149000   2331000   2627000
DRUG USE    70-75     965       820      1500      1460      1155
DRUG CRIMES
            75-80    3500      4152      4755      7799     10430     10958
DRUG TRAFFIC
            70-75
            75-80
BRIBERY     70-75
BRIBERY     75-80       M         M         M         M         M         M
---------------------------------------------------------------------------
2.4. Offenders apprehended or arrested
OFFENDERS   70-75  382791    444937    471686    528598    307166
OFFENDERS   75-80       M         M         M         M    609669    686354
JUVENILES   70-75   46707     45621     50168     51087     53557
JUVENILES   75-80                                 937 3    104292
---------------------------------------------------------------------------
2.5. Offenders Convicted
 
 
---------------------------------------------------------------------------
2.6. Sanctions - Background
 
 
Of all the cases dealt with by the public prosecutorial system during 1986, with
the exception of 1st to 4th class contraventions, 4 296 000, i.e. 81 % were
dismissed (classement sans suite), the others being sent either directly to the
court (16 %), to the investigating judge (2 %) or the juvenile courts.  During
the same year, 12 382 cases were closed by the investigating judge (ordonnance
de nonlieu) and the others sent to the courts.  French statistics do not provide
data on those prosecuted.  23 303 people were acquitted by the court.  672 912
were convicted by courts for adults, including overseas departements.  Of these,
82 were sentenced for life imprisonment, 18 % to prison (not suspended or
partially suspended sentences) 23 % to suspended prison sentences, 50 % to
fines, 7 % to alternative measures (which include community service orders) and
2 % were found guilty without being sanctioned.  For the selected offences seen
above, there are data concerning the sentenced adults for homicide (818
sentences), assaults (27 628), armed robbery (861) and theft (122 002, 18 % of
all sentences).  Figures given for one year do not necessarily refer to the same
people at the different stages of the proceedings.  Another reason which
explains the gap between the number of those suspected and the number of
offenders eventually sentenced, is the change of "labelling" of the offence at
different stages of the proceedings.  Caution should also be exercised
concerning the scope of the different statistics; some include overseas
departements, and others do not.
 
Excluding overseas departements, 87 906 people were admitted to prison in 1986.
77 % of them were not definitively sentenced: some were remanded and some were
convicted but still had time left to lodge an appeal.  French statistics number
such prisoners as unsentenced prisoners.
The average population in prison was 45 156, 21 278 of whom (47 %) were
unsentenced prisoners.  From these figures, one can approximate the average
length of stay in prison as 6,2 months, and the average duration of detention
under remand as 3,8 months.
 
The detention rate was 81 per 100 000 inhabitants and the admission rate was 159
per 100 000.  From 1980 to 1986, the prison population increased by 20 %.  This
increase is mainly due to the extended length of stay in prison, including
detention under remand, rather than to the flow of admissions.
 
The proportion of females rose from 3,1 % to 3,7 % and the proportion of
juveniles (under 18 years old) remained constant (2,1 %).  The proportion of
unsentenced prisoners on 1 January rose from 45% to 50 %.  According to the 1985
statistics on the number of admissions to prison, 40 168 (sentenced and
unsentenced) were admitted for theft, i.e. 53 % of the admissions for which the
offence is known.  9 % were admitted for drugrelated crimes, 7 % for assault, 2
% for robbery and 2 % for homicide.  6 % of all admissions were of juveniles, 79
% of these were admitted for theft.  Five per cent of all admissions were women,
of which 49 % were for theft.
 
During 1986, 6 997 people were paroled and 28 914 were placed on probation.
Suspended sentences were imposed on most of them.
 
 
---------------------------------------------------------------------------
2.7. Prison Statistics
 
 
---------------------------------------------------------------------------
2.8. Criminal Justice Personnel and resources - background
 
The total number of police personnel rose from 196 210 in 1982 to 199 757 in 86
(+2 %).  56 % of these are from the Police Nationale and 44 % from the
Gendarmerie.  The number of professional magistrates rose from 5 402 to 5 832
(+8 %), the proportion of females rising from 29 % to 36 %.  Half of these
magistrates deal with criminal cases.  Prison staff numbers 16 445, 80 % of whom
are custodial staff.  According to prison statistics, the occupancy rate was
approximately 150 % in prisons housing those on remand or serving short
sentences (maisons d'arrt) and 100 % in prisons for those serving long
sentences.
 
There are no prisons exclusively for juveniles.  Some prisons  reserve a few
places for those aged less than 21: 1 095 places out of 34 184 in 1988, i.e. 3
%.  However, the percentage of the prison population below 21 in July 1988 was
12 %.
 
On the basis of the research conducted at the CESDIP by T. Godefroy and B.
Laffargue, the allocation of budgetary resources for the repression of crime is
as follows in millions of francs (in millions of US dollars):
 
                               1980        1986 % increase
 
Police                        2 033       3 783       + 86
                            (368,7)     (686,1)
Gendarmerie                   1 473       2 377       + 61
                            (267,2)     (431,1)
Prosecution and court         1 565       2 565       + 64
                            (283,8)     (465,2)
Prisons                       1 523       3 388      + 122
                            (276,2)     (614,5)
Juveniles                       459         664       + 45
                             (83,3)     (120,4)
             (Education Surveille)
Total                         7 054      12 777       + 81
                          (1 279,4)   (2 317,4)
% GDP                           2,5         2,5           
According to the same source, the total public expenditure for the prevention of
crime in general terms was 10 140 million francs (1 839,5 million USD) in 1980
and 18 600 million francs (3 373,5 million USD) in 1986 (+83 %).
 
 
---------------------------------------------------------------------------
2.9. Criminal Justice Resources Statistics
POLICE    1973     197573
POLICE    75-80
JUDGES    1973       4327      9191      9301      9421      9509     23760
PROSEC    70-72      1147      1172      1190      1209      1212      1264
---------------------------------------------------------------------------
3.0. CRIMINAL JUSTICE STATISTICS (1980-1986)
A.  Juvenile convictions for Intentional homicide Non recense.
B.  Juvenile convictions for Intentional homicide Theft- all drug related crimes as
one category.
    Fraud and embezzlement crimes non recense.
---------------------------------------------------------------------------
3.1. Offenses Reported To The Police
              1980       1981     1982      1983      1984     1985      1986
Crimes Recorded
 
TOTAL      2627508   2890020   3413682   3563975   3681453   3579194   3292189
INT.HOM.      2253      2171      2495      2702      2712      2497      2413
MAJ.ASSAULTS 32926     34891     38774     39251     38389     39336     36549
RAPES         1886      2167      2459      2803      2859      2823      2937
ROBBERIES    35245     41077     46075     50874     57907     59142     50740
THEFTS      213787    230813    259646    252846    265030    283743    261013
MAJ.THEFTS  267860    301436    365184    392092    436435    433145    401970
FRAUDS      129724    156282    219285    243518    244391    218805    223247
EMBZLMNT    403161    464875    549018    573700    564416    465082    386583
KIDNAPPING     322       326       406       495       430       492       713
DRUG POSS.   10958     13850     22146     26350     28794     29750     49086
OTHER       434193    458765    512944    531866    544968    543923    484672
 
---------------------------------------------------------------------------
3.2. Offenders apprehended or arrested
Suspected Offenders
              1980       1981     1982      1983      1984     1985      1986
TOTAL       686354    746893    801036    874052    921983    930497    809059
INT.HOM.      2212      2231      2858      3329      3326      2969      2680
ASSAULT      29531     31392     33492     33555     32754     33570     30777
RAPE          1769      1959      2328      2446      2600      2558      2548
ROBBERY      11961     13073     12926     13770     15018     15368     13942
THEFT       233460    236547    252983    266758    296944    279898    250640
FRAUD        21113     25707     29849     33213     36330     38356     33495
KIDNAPPING     524       346       473       602       544       522       454
EMBZLMNT    176244    220891    253012    278640    293123    283338    204586
DRUG POSS.   17182     20314     21626     28027     32334     38755     45737
OTHER       192358    194433    191489    213712    209010    235163    224200
Persons Prosecuted
    No data
---------------------------------------------------------------------------
3.3. Offenders Convicted
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL      8295513   6036159   8295513   8889901         M         M         M
INT.HOM.       635       669       684       693       623       756       818
NON.INT.HOM.  3746      2360      2989      3354      3441      3268      3153
ASSAULT      24123     12764     17802     19047     20998     24046     27628
RAPE           340       409       533       466       540       594       469
ROBBERY        892      1189       950       830       748       917       861
THEFT       139604     88159    132268    145078    188057    211488    122002
FRAUD         4474      2460      2684      3232         M         M      6094
EMBEZZLEMENT  6651      3623      7104      4381     10090     11578      5479
KIDNAPPING       M       153       227       213       286       336       370
DRUG POSS.    3458      2798      3612      4595         M         M      6386
OTHER DRUG    2588      2166      3704      4236     12916     15455      8890
BRIBERY          M         M         M         M       624       815       805
 
---------------------------------------------------------------------------
3.4. Prisoners
Prison Admissions
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL            M         M     74369     85333     89127     82561         M
INT.HOM.         M         M         M     99997      1457      1400         M
NON.INT.HOM.     M         M     13898     16112       176       167         M
ASSAULT          M         M         M         M      5966      5447         M
RAPE             M         M      3097      3240      1363      1072         M
ROBBERY          M         M      1497      1776      1732      1798         M
THEFT            M         M     41673     42732     45113     40168         M
FRAUD            M         M      4211      4491      1301      1313         M
EMBEZZLEMENT     M         M         M         M        38        35         M
KIDNAPPING       M         M         M         M       147        57         M
DRUG POSS.       M         M         M         M      6268      6887         M
BRIBERY          M         M         M         M        30        24         M
 
Convicted Prisoners
              1980       1981     1982      1983      1984     1985      1986
 
TOTAL        21077     22707     15677     17519     19381     22096     23014
INT.HOM.      1816      1986      1940      2107      2210      2390      2503
NON.INT.HOM.   163       132       112        94        89       147       191
ASSAULT       1574      1744      1030      1210      1267      1344      1485
RAPE          1159      1312      1341      1428      1467      1637      1764
ROBBERY       2116      2390      2103      2117      2042      1988      2034
THEFT         9062      9467      5474      6550      7487      8889      8523
FRAUD          938       875       609       475       619       614       671
 
---------------------------------------------------------------------------
3.5. Criminal Justice Resources Statistics
 
CRJ Personnel
              1980       1981     1982      1983      1984     1985      1986
POLICE                          196210              197355              199757
PROF.JUDGES                       5402                5743                5832
LAY JUDGES                       17208               17973               17568
MAN.STF.-ADULT                    1491                1543                1548
CUST.STF.-ADULT                  11998               12518               13093
TREAT.STF.-ADULT                  1152                1365                1277
OTHER STF.-ADULT                   553                 544                 527
 
---------------------------------------------------------------------------
4.0. Selected Issues
 
Particular emphasis has been placed on crime prevention between 1981 and 1986.
In July 1983, the National Council for Crime Prevention (CNDP: Conseil National
de Prvention de la Dlinquance) was created in order to promote and coordinate
crime prevention initiatives at a local level, by agencies of the state, and by
municipalities and private associations.  These actions for crime prevention are
necessarily conducted in connection with specific measures for juveniles, such
as the creation of job opportunities and vocational training.  This crime policy
forms part of the implementation of administrative decentralization, which was
started in France in 1981.  In order to combat public feelings of insecurity,
schemes offering help to the victims of crime were developed.  These included
mediation between victim and offender.  Alternatives to imprisonment before and
after sentence were developed.  First established in 1970, presentence
supervision was promoted after 1981 specifically through social and educational
measures committed to private associations.  Presentence enquiries were
developed.  Community service, either as a main sentence or as a specific
obligation of a suspended prison sentence, was introduced in 1983.
 
Specific efforts have been made to reduce the detention on remand of juveniles,
and whenever they must be detained, to prepare them for release.  The number of
juveniles admitted on remand decreased from 6 053 in 1981 to 3 943 in 1987 (35
%).
 

TRAITOR McCain

jewn McCain

ASSASSIN of JFK, Patton, many other Whites

killed 264 MILLION Christians in WWII

killed 64 million Christians in Russia

holocaust denier extraordinaire--denying the Armenian holocaust

millions dead in the Middle East

tens of millions of dead Christians

LOST $1.2 TRILLION in Pentagon
spearheaded torture & sodomy of all non-jews
millions dead in Iraq

42 dead, mass murderer Goldman LOVED by jews

serial killer of 13 Christians

the REAL terrorists--not a single one is an Arab

serial killers are all jews

framed Christians for anti-semitism, got caught
left 350 firemen behind to die in WTC

legally insane debarred lawyer CENSORED free speech

mother of all fnazis, certified mentally ill

10,000 Whites DEAD from one jew LIE

moser HATED by jews: he followed the law

f.ck Jesus--from a "news" person!!

1000 fold the child of perdition

 

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