Expulsion: foreign offenders referred
An excerpt from the
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MP Jean-Paul Garraud co-authored with several colleagues UMP, which Nice Éric Ciotti , and the Parisian Philippe Goujon, a bill that Claude Gueant can not disown. The authors propose nothing less than to extend the “minimum sentences” (floor below which the sentencing judge may not go down unless he justifies his decision) not only to repeat offenders, but also to “repeat”.
difference? The repeat offender commits at least twice the same offense, two rapes, for example. The repeating, meanwhile, added harm of different types, such as assault followed a burglary. “The concern is more effective fight against acts of crime committed by a section of the population that has made the violation of the criminal law’s usual mode of life,” the deputies were justified in the original text. And to go further, they want to extend the possibility of using additional penalties of exclusion from French territory to foreign offenders. The person will be permanently condemned before risking deportation.
outset, Garraud outlines the reasons for the hardening. “For certain crimes of mass, he says, such as burglary or robbery, the number of foreign nationals in question since 2008 has increased by respectively 40% and 37.4 %.»
Meanwhile, place Beauvau unearthed data from the INSEE and the latest report of Chancery on convictions, covering the year 2010. Claude Gueant there is the figure of 2,945,000 foreigners legally living in France, 4.6% of the total population. At the same time, it counted 76,742 convictions of major companies in France, corresponding to 13.32% of all convictions in 2010 against the 18 and over. Minister sees a clear over-representation of foreigners in the condemned, “three times, he said, the national average.”
particular response
His conclusion: “In particular problem, particular response.” “It’s a matter of common sense,” says the minister, convinced that public opinion will rally behind him. And Prime cop France to drive the point home: “It does not welcome people home so they commit crimes!” He says.
The answer
imagined wants measured. First, the magistrate would have the right not to pronounce the “minimum sentence” for reiterating, as already envisaged by the 2007 law regarding repeat offenders. There is no automaticity of sanctions. Regarding the additional penalty of exclusion order for the offender abroad, “the law only requires the judge to ask the question of its application and respond on a case by case,” said Jean-Paul Garraud.
Then, the additional penalty would be graduated. Depending on whether it is related to an offense or crime, it can not be less than certain thresholds set from one to ten years.
Some will question the meaning of such a text to three months of the presidential election. Does it happen only to vote? Its authors claim, for their part, the proposal may be, they say, debated in the Assembly on February 20 or 13, days devoted to parliamentary proposals, or even be placed on the agenda by the government itself even then adopted in the wake.
Éric Ciotti is convinced that such sanctions would “virtues highly dissuasive”. They will provide, at least, certainly food for debate between the left and right.
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