NCJ Number
49497
Journal
Revue de science criminelle et de droit penal compare Issue: 1 Dated: (JANUARY-MARCH 1978) Pages: 13-32
Date Published
1978
Length
20 pages
Annotation
THIS STUDY OF THE FRENCH CUMULATION OF SUSPENDED SENTENCES PROVISION OF JULY 11, 1975, ATTEMPTS TO RECOGNIZE ITS DEFICIENCIES AND ITS STRENGTHS.
Abstract
THE SUSPENDED SENTENCE WITH PROBATION WAS INITIATED IN 1958 TO ADD ASSISTANCE FOR AND SUPERVISION OF THE DELINQUENT TO THE TRADITIONAL SIMPLE SUSPENSION CONCEPT (CONDITIONAL CESSATION OF THE PRINCIPAL PENALTY). CUMULATION OF SUSPENSIONS WAS RECOGNIZED IN JULY 1975, WHICH INCLUDED CUMULATIONS OF SEVERAL SIMPLE SUSPENSIONS, OF SIMPLE SUSPENSION AND SUSPENSION WITH PROBATION, AND SEVERAL SUSPENSIONS WITH PROBATION. FOR SUSPENDED SENTENCES TO BE CUMULATIVE, A NEW CONVICTION MUST OCCUR DURING THE TRIAL PERIOD OF THE FIRST SUSPENDED SENTENCE; IN ADDITION, THE JUDGE MUST RULE IN FAVOR OF CUMULATION. THE FIRST CONVICTION MUST NOT PRECLUDE THE GRANTING OF A SECOND SUSPENSION WHEN A NEW CONVICTION OCCURS. THE DECISION TO GRANT A SECOND SUSPENSION RESTS WITH THE JUDGE, WHO MUST ACT CAUTIOUSLY, TAKING INTO ACCOUNT THE FAILURE OF THE FIRST SUSPENSION. THE SECOND SUSPENSION CAN REDUCE THE EFFECTS OF THE FIRST IN TWO WAYS: (1) THE VOIDING OF THE FIRST CONVICTION THEREAFTER WILL DEPEND ON THE VOIDING OF THE SECOND, AND (2) REVOCATION OF THE NEW SUSPENSION WILL RESULT IN THE REVOCATION OF THE FIRST, REQUIRING THE OFFENDER TO SERVE BOTH SENTENCES. HOWEVER, THERE ARE RESERVATIONS CONCERNING CUMULATION OF SENTENCES. BECAUSE THE POWERS OF THE JUDGE HAVE GROWN SUBSTANTIALLY IN TERMS OF RESPONSIBILITY AND PUNISHMENT, THIS POWER COULD BECOME AN END IN ITSELF. ALSO, RECENT CRIMINAL POLICY SHOWS A MARKED VACILLATION BETWEEN LIBERALISM AND STRICTNESS IN LEGISLATION. ALTHOUGH THE PRESENT INCREASE IN CRIME ENCOURAGES SEVERITY, THE GENERAL EVOLUTION OF IDEAS CALLS FOR TOLERANCE. THE CONCEPT OF THE CUMULATION OF SUSPENDED SENTENCES IS NOT IMMUNE TO SUCH UNCERTAINTY. A DETAILED DESCRIPTION OF THE PROVISIONS FOR COMBINING SUSPENDED SENTENCES AND HOW THEY AFFECT EACH OTHER IS INCLUDED IN THE TEXT. FOOTNOTES ARE PROVIDED. FOR AN ENGLISH SUMMARY TRANSLATION, SEE NCJ #59507. --IN FRENCH. (MHP)