The Yuriy case went through this.
In a context of tensions between rival gangs in the capital, where a dozen brawls have broken out since mid-January, Rémy Heitz, the public prosecutor of Paris, has decided to toughen up.
On March 29, in an internal memo entitled "directives for a strengthening of the fight against the carrying of weapons without legitimate motive", he asks at least that a deferral be organized, if a minor is controlled with a knife (weapon of category D).
"These category D weapons turn a classic confrontation into a fight with a heavier, sometimes fatal outcome," says Rémy Heitz.
Since 2016, 11 deaths have been recorded in these wars between neighborhoods.
“The message is clear, you must not have a weapon with you,” he continues.
And for that, a systematic and firmer response is needed.
Until now, the confiscation of the stabbing weapon was often preferred.
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In 2019, 46% of adults arrested with a knife were referred, and especially only 91 of the 247 minors (37%).
“Of course, it will be necessary to apply this measure with discernment
(Editor's note: a young cook or carpenter for example)
, specifies the public prosecutor of Paris.
The answer will depend on the background of the minor and the area where he was tested.
"In addition to criminal penalties, bans on appearing in a territory (including that of the rival gang) may be pronounced, specifies the internal note.
"We cannot defer all the minors we control with an opinel!"
According to the Paris prosecutor's office, unlike their suburban counterparts, who are more organized, the young people involved in these brawls are often unknown or little known to the police services and are not involved in delinquency linked to drug trafficking.
In Essonne, a department plagued by brawls between gangs which left two minors behind in early 2021, the public prosecutor is also working on new measures.
“The classic answer is the warning,” recognizes Caroline Nisand.
But it is important not to trivialize the carrying of a weapon.
Afterwards, setting up an automatic deferral is something else.
We cannot defer all the minors we control with an Opinel!
In just one year, we had 100 minors arrested for carrying a weapon in Essonne.
The response must be adapted to the context: if the young person has a weapon before going to fight during an inter-neighborhood brawl, the deferral must be immediate.
If it's on a simple control, it's different.
"
But in Paris another phenomenon could also be stemmed by the stricter application of the law on the carrying of weapons: violent thefts, in particular those perpetrated by unaccompanied minors, often homeless.
With the drop in pick-pocketing targeting tourists, many snatching robberies were committed using weapons in 2020. And the proportion of unaccompanied minors arrested in this type of crime is on the rise, from 21.6% in 2019 to 31.6% in 2020.
Shared police unions
On the side of the police unions, opinions are divided in the face of these instructions from the prosecutor concerning the carrying of weapons.
"The only thing these automatic deferrals will give is additional work for our colleagues," sighs Yoann Maras, Alliance regional secretary in Paris.
A deferral mobilizes staff who travel to court for a presentation to a magistrate.
It takes time and if it is for the same result as today with no deterrent, I do not see the point!
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His counterpart Rocco Contento from Unity SGP is more enthusiastic: “This is a good measure.
Juvenile delinquency and assaults with weapons are increasing exponentially.
We deplored several deaths this year caused by beatings by minors with bladed weapons in brawls.
The 1945 ordinance gives a certain impunity to minors.
And a toughening of the penalties would give a good signal and would be of a nature, perhaps, to dissuade certain authors.
"