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“It’s not a penalty”: educational work, new legal measure for 13 to 16 year olds

2024-01-31T14:09:43.058Z

Highlights: Ministry of Justice: Educational Interest Work (TIE) measure specially dedicated to minors under 16 years of age. Measure inspired by General Interest Work, community service, can be imposed against minors aged 16 to 18 and against adults. “It is an educational measure,” the Ministry of Justice explains, “it is not a penalty” TIE will need to be integrated into the Juvenile Justice Code as well as the Criminal Procedure Code. It will be included in a bill expected to come before Parliament in the first half of this year.


Intended as an “educational measure” and not as a penalty, these TIEs will be the subject of a bill to be tabled by the government


What should we do with the young minors arrested during last year's riots?

This is the question the government has been trying to answer since last summer's revolts which followed Nahel's death, affecting many towns throughout the country.

The day after Gabriel Attal's general policy speech, in which the latter announced the creation of an Educational Interest Work (TIE) measure specially dedicated to minors under 16 years of age and inspired by General Interest Work (TIG ), the Chancellery clarified its outlines this Wednesday morning.

“It’s an educational measure”

This is therefore a judicial measure falling under the Ministry of Justice, and not a disciplinary sanction which would have fallen under the Ministry of National Education.

“It is an educational measure,” the Ministry of Justice explains, “it is not a penalty and it could be imposed, for example, either by the public prosecutor's office as an alternative to prosecution, or by a children's judge.

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This work of educational interest will be specially dedicated to minors aged 13 to 16.

It will consist of educational monitoring with lessons and awareness-raising on issues of justice and citizenship, may include training modules and will be carried out with associations or local authorities.

Also read “You dirty, you clean”: what is this “educational work” for under-16s?

However, this TIE measurement still needs to be clarified.

Neither the offenses which may give rise to his sentence, nor the minimum and maximum number of hours have yet been defined, although it seems that the duration would undoubtedly be limited to three months.

What is certain is that this TIE will need to be integrated into the Juvenile Justice Code as well as the Criminal Procedure Code.

It will be included in a bill which is expected to come before Parliament in the first half of this year.

“You break, you repair.

You dirty, you clean”

In his speech to deputies this Tuesday, the Prime Minister announced the creation of this TIE with this formula: “You break, you repair.

You dirty, you clean.

You challenge authority, you learn to respect it.”

He recalled the context which led to its conception: “The violence of last July had a profound impact on our country.

Among the rioters, young people, sometimes very young, who seemed to have cut ties with our society.

(…) We must have appropriate sanctions for minors under 16 years of age.

For them, we cannot impose a community service sentence.

I announce to you that we will create works of educational interest, which will be their equivalents.

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As a reminder, TIG, community service, can be imposed against minors aged 16 to 18 and against adults.

It is an alternative punishment to incarceration and consists of carrying out unpaid work for a maximum period of 200 hours.

Source: leparis

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