Bill to Enforce Firm Imprisonment Sentences
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This French legislative proposal seeks to restore the ability of judges to impose very short firm prison sentences of less than one month, a sentencing option that had been effectively removed in recent reforms. It addresses a perceived gap between sentences handed down in court and their actual execution in practice. The bill also aims to repeal the near-mandatory obligation on judges to adapt or convert custodial sentences of less than one year into alternative measures such as community service, electronic monitoring, or semi-liberty. This quasi-obligation was originally introduced to reduce prison overcrowding and promote rehabilitation, but critics argue it has undermined the deterrent effect of custodial sentences. Additionally, the proposal eliminates automatic supervised release, a mechanism that currently allows prisoners to complete the final portion of their sentence outside of prison without an individual judicial review. Proponents argue this automatic release undermines judicial authority and public confidence in the justice system. Overall, the bill reflects a tougher stance on criminal sentencing, prioritising the actual execution of prison terms as pronounced by courts over administrative or rehabilitation-driven sentence adjustments.
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Key Changes
- Reinstates the power of judges to impose firm prison sentences of less than one month, previously abolished by prior reforms
- Repeals the quasi-mandatory obligation requiring judges to convert custodial sentences under 1 year into alternative measures (e.g. electronic tagging, community service, semi-liberty)
- Abolishes automatic supervised release (libération sous contrainte automatique), which allowed prisoners to serve the end of their sentence outside prison without individual judicial review
+ 2 more changes with Pro
Obligations
What this law requires
Judges must be permitted to impose firm prison sentences of less than one month duration
Judges must no longer be subject to the quasi-mandatory obligation to convert or adapt custodial sentences of less than one year into alternative measures (community service, electronic monitoring, semi-liberty)
Prison authorities must discontinue the automatic supervised release mechanism that allows prisoners to complete their final sentence portion outside of prison without individual judicial review
Judges must conduct individual judicial review before authorizing any early release or supervised release from custodial sentences
Prison authorities must ensure actual execution of custodial sentences as pronounced by courts without automatic administrative adjustments or reductions