The Senate dominated by the right-wing opposition adopted on Tuesday at first reading a bill aimed at answering the delicate question of criminal irresponsibility linked to an action by the perpetrator of an offense or a crime, such as taking narcotics.
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The text, which responds to the emotion aroused by the lack of trial in the Sarah Halimi case, has little chance of prospering as it stands, a bill on this delicate issue having been announced at the end of April by the government.
This bill, which "will
make it possible to limit irresponsibility when the abolition of discernment results from voluntary intoxication
", has just been submitted for the opinion of the Council of State, specified the Keeper of the Seals Éric Dupond -Moretti.
The question of the temporary abolition of discernment addressed
The text adopted by the Senate brings together two bills from Nathalie Goulet (centrist) and Jean Sol (LR).
It aims to develop the code of criminal procedure to respond to cases where "
the temporary abolition of the discretion of the person under examination results at least partially from his act
".
The judge would then refer the author to the criminal court or the assize court which would rule on his criminal liability.
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“
Beyond Ms. Halimi's case, hundreds of victims are waiting for us to resolve the problem of irresponsibility linked to the fault of the perpetrator of the incriminated facts
,” Ms. Goulet said. The proposed device does not affect article 122-1 of the penal code relating to criminal liability, which has created a consensus in the hemicycle. For the minister, it is "
a red line
", this article "
must not be modified
".
Despite everything, the bill met with opposition from the left, with the president of the Communist-majority CRCE group Éliane Assassi denouncing "
a current of penal utilitarianism which is turning into penal populism
". Believing "
that the status quo is not possible
", Jean-Pierre Sueur (PS) unsuccessfully proposed several alternative avenues, including a provision inspired by Spanish law, providing for the criminal liability of the person who sought intoxication by sight of committing the offense.
On the other hand, the Senate adopted an amendment carried by Valérie Boyer (LR) and Annick Billon (centrist) "
aimed at taking into account the impact of domestic violence
" when the criminal responsibility of a victim of such violence is engaged. The bill also plans to introduce into the penal code "
a systematic increase in penalties for the perpetrators of crimes and offenses in the event of drunkenness or consumption of narcotic products
". Taking up the proposals of Jean Sol, it also includes provisions relating to psychiatric and psychological expertise in criminal matters.
