France's lawyers have been striking in protest over a criminal justice reform that would introduce a guilty plea procedure in order to help reduce court backlogs. Lawyers warn that the procedure undermines the justice system and deprives victims of their day in court.
Justice Minister Gérald Darmanin’s “useful, rapid and effective sanction” – or SURE – bill was introduced for debate in the Senate this week.
One provision expands a guilty plea procedure, which allows defendants to admit guilt, bypass a trial and negotiate a sentence directly with the prosecutor.
This fast-track process already exists for misdemeanours, and the legislation would extend it to criminal cases in order to reduce the amount of time it takes for cases to go to trial.
“Waiting six to eight years for a trial is terrible for victims,” Darmanin said, in defence of the proposed legislation.
France has been criticised several times by the European Court of Human Rights for the excessive length of criminal proceedings.
According to justice ministry figures, 6,000 criminal cases involving some 20,000 to 30,000 victims are currently pending.
The new process could reduce some trials to half a day.
“The intention is noble,” said Julie Couturier, president of the National Council of Bar Associations, which represents 79,000 lawyers, most of whom oppose the reforms. She agrees that cases take too long to get to court, mainly because of a lack of resources.
The existing guilty plea deal process, known as “comparution sur reconnaissance préalable de culpabilité” (CRPC) can be effective for lesser offences, Courturier told RFI, but not for more serious crimes such as murder or rape.
Rape prosecutions
“After years of campaigning for rape to finally be tried as a serious crime... we are returning to a downgraded judicial treatment for purely administrative reasons,” wrote Evelyne Sire-Marin, vice-president of the French Human Rights League and an honorary magistrate, in an editorial in newspaper Le Monde.
The vast majority of criminal cases in the United States are resolved through plea bargains.
“These cases have shown how such 'deals' between prosecutors and defendants in crimes like rape can neglect and further victimise those who have already suffered,” said Sire-Martin.
Similar systems, under which defendants who plead guilty do not stand trial and/or receive lesser sentences, are in place to some extent across several countries, including the United Kingdom, Canada, Brazil, China and Italy.
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Lawyers representing victims of sexual abuse say trials are important for victims in terms of processing what happened to them, and for perpetrators in terms of changing their behaviour.
“Dialogue and confrontation are important for the victim – and for the accused, who must also hear it, and understand the consequences of their actions, so that their sentence makes sense,” Couturier said.
One pertinent example is the case of Gisèle Pelicot, who insisted that the trial of her husband and the dozens of men who raped her be public.
“She said it again recently how important the victim’s voice is, and how crucial it is that they are heard,” said Couturier, who also conceded that the guilty plea procedure would not have applied in this case because of the number of people on trial.
Lawyer Anne-Sophie Laguens says victims are often seeking awareness, rather than punishment for the perpetrators.
“Most of them first want to ensure it does not happen again and to protect other women. And then, they want to understand... to achieve real awareness,” she told RFI.
Under the proposed legislation, victims of crime would have the option of opposing the guilty plea procedure.
Sentencing limits
The procedure would also introduce sentencing limits, meaning a defendant who pleads guilty could receive a lighter sentence than if they were sentenced in court to the maximum penalty.
Lawyers worry this could discourage defendants from properly contesting the charges against them.
“Someone who is facing, for example, 30 years in prison, who knows that if they negotiate the plea deal they will only face 20 years... may be tempted not to challenge the legal basis of the facts, even if it is contestable,” says Couturier.
Instead of introducing these provisions in the judicial reform bill, Couturier would prefer a focus on the judicial system – "a public service in which there has been absolutely no investment for years, even decades”.
Courts are overloaded, and there are currently not enough judges, clerks, staff or even courtrooms. While some changes have led to more recruitment, this will take time.
“You cannot train judges, clerks, and justice staff in two and a half minutes, or even in two years,” said Couturier.
This article has been partially adapted from this podcast produced by RFI's French service and this article in French.
