Every day, as part of the great national debate, the Praisen passes one of your proposals to the screen. The generalization of the bail bond.
On the sidelines of the big national debate organized by the government in response to the movement of yellow vests, the Praisen invites his readers to send him the proposals of citizen laws they would like to see emerge. Every day, some of them will be tested by the editorial staff.
This Tuesday, we are looking at the bail, the amount that can be paid to recover his freedom pending trial. One of our readers has indeed wondered if this device could be generalized in France, as is the case in the United States.
What are we talking about?
On the other side of the Atlantic, bail is almost systematic: to avoid the incarceration of an accused while awaiting trial, the judge can ask for the payment of a sum of money. Jean-Eric Branaa, academic, specialist of the United States. He is considered as a guarantee of the presence of the one in cause in each stage of the procedure until the judgment, explains us.
In France, the measure already exists in the context of judicial controls. The investigating judge or the judge of liberty and detention may decide to impose the payment of a monthly sum, just as it may impose the wearing of an electronic bracelet, for example. Framed by Articles 138 and 142 of the Code of Criminal Procedure, this device is not widespread in the French judicial system: it is mainly applied in financial affairs, property crime, or organized crime, “cases where a lot of money has passed through” , summarizes the penalist Florence Rouas for the Praisen.
How much does it cost?
The guarantee guarantees, before the trial, the repair of the damages or the payment of a fine: it is a kind of deposit on the financial condemnation future. The sum, which lands at the Caisse des Depots et Consignation, is returned in the case of dismissal. It is difficult to estimate the number of criminal guarantees ordered, nor their amount. Contacted, the Department of Justice has not been able to send us this date. But if for the defendant the amount can be high (Booba and Kaaris have had to pay 30 000 euros deposit for example), for justice, such a device does not theoretically require significant expenses to be generalized.
In the United States, bail is almost the rule and funded by organizations that get paid by puncturing part of the money.
What do the different political families think?
If there is indeed a debate on the number of provisional detentions ordered, no political party or movement has really taken hold on the issue of the generalization of bail.
So, playable or not?
“It’s interesting for offenses where greed is the driving force,” said Katia Dubreuil, president of the Judicial Union. If it is not enforced, the person can organize his insolvency. “This tool promotes freedom and preserves the presumption of innocence.” It may also curb prison overcrowding. “For some offenders, it’s also a good way to avoid prison which can become a school of recidivism,” says Florence Rouas.
Attention, however, we point out the experts: the generalization of this device would promote inequality in the face of justice. A study by the US Department of Justice recently highlighted the limitations of this system. Bail is only available to the wealthiest, and American jails are home to only the poorest offenders.