As counterintuitive as it may sound, the sentences executed are almost systematically lower than those handed down at the time of conviction.
A fact which is explained by the existence of the Credit for the reduction of sentence (CRP), a device that could be removed by the bill brought by the Minister of Justice Eric Dupond-Moretti, unveiled Tuesday, March 2 by
the Point .
“As much the French can understand that discounts are granted to reward a reintegration effort, they can not accept that these reductions are automatic, as today.
To be honest with you, neither do I
,
”
said the Minister.
But what is it exactly?
Created in 2004, the CRP system automatically grants a reduction in the length of imprisonment calculated according to the length of the sentence: 3 months for the first year in prison, then two months for the following years.
For a sentence of less than one year, it is 7 days reduction per month, in the cumulative limit of two months maximum.
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To benefit from this reduction, the detainee does not have to make a request: the CRP will be applied automatically, but it remains conditional on good behavior in detention:
"The judge responsible for the application of sentences can be referred to by the head of establishment or on requisition of the public prosecutor for the purpose of withdrawal (…) of this reduction of sentence ”
, specifies article 721 of the code of penal procedure.
Not to be confused with the additional reduction of sentence (RSP), which is not automatic: it rewards prisoners who demonstrate particularly exemplary behavior, for example, by investing in the life of the prisoner. establishment.
"These automatic credits can be considered as a" gift package ", a due if there is no incident"
, details Ivan Guitz, first vice-president at the judicial court of Bobigny and president of the National Association judges responsible for the enforcement of sentences.
A lever for action for prison staff
Possession of a cell phone, refusal to comply, possession of cannabis are the most frequently sanctioned incidents.
"The penalty enforcement commission can withdraw ten days of credits for this kind of thing, then a month in the event of a repeat offense,"
explains Yvan Guitz.
It is therefore a question of encouraging, through this means, good behavior in detention.
“For some inmates, this is a real lever for action.
Seasoned offenders know how to figure things out to get out quickly.
Two months out of a year is a lot.
For long sentences, additional years in prison are at stake. ”
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"
It is true that the credits play the role of carrot for the prison staff
",
recognizes Sébastien Nicolas, general secretary of the FO Pénitentiaire Direction union.
“But this is not the only totem of peace in detention.
A negative behavior can be sanctioned differently, by a disciplinary sanction, or by a criminal prosecution, ”he
adds.
Three quarters of prisoners benefit from it
In recent years, the granting of automatic credits has been abolished for certain prisoners: for sentences linked to acts of terrorism on the one hand, then, since 2019, for certain prisoners convicted in the context of domestic violence.
While Eric Dupond-Moretti criticizes a device created
"for the sole purpose of regulating the penal population, without saying so"
, certain judges of the application of sentences stress that its abolition could worsen prison overcrowding.
“In fact, only a quarter of prisoners see these reduction credits withdrawn.
If we remove them automatically, the sentences will therefore be longer, ”
said Yvan Guitz.
