NCJ Number
49491
Journal
Revue penitentiaire et de droit penal Issue: 1 Dated: (JANUARY/MARCH 1978) Pages: 91-104
Date Published
1978
Length
14 pages
Annotation
SITUATIONS INVOLVING THE USE OF SUSPENDED AND SPLIT SENTENCES DURING 1976 AT THE RENNES PRISON IN FRANCE ARE DESCRIBED.
Abstract
OF THE TWO NEW REFORMS (SUSPENDED AND SPLIT SENTENCING) EFFECTIVE JANUARY 1, 1976, NO REQUESTS FOR SPLIT SENTENCES WERE MADE AT THE RENNES PRISON, WHILE 23 CASES REQUESTED SUSPENSION OF SENTENCES. EACH OF THESE CASES IS DESCRIBED: 2 CASES WERE DIMISSED FROM COURT AFTER INTERRUPTIONS EXCEEDING 3 MONTHS, 13 WERE REFUSED OR DISMISSED FOR VARIOUS REASONS, AND 8 WERE GRANTED SUSPENSIONS. THE EIGHT PERSONS WHO WERE GRANTED SUSPENSIONS, WHERE SEMI-LIBERTY (WORK OUTSIDE PRISON DURING THE DAY, WITH A CURFEW INVOLVING MANDATORY RETURN TO PRISON AT 7 O'CLOCK P.M.) WAS NOT FEASIBLE, INCLUDED THE CASE OF AN AGRICULTURAL LABORER WHO WAS DESPERATELY NEEDED BY HIS EMPLOYER BECAUSE OF AN EARLY HARVEST AT AN AREA TOO DISTANT FOR HIM TO RETURN BY CURFEW; A SMALL RESTAURANT-OWNER WHOSE SPOUSE HAD BEEN HOSPITALIZED WITH SEVERE PHYSICAL COMPLICATIONS FROM A SERIOUS ACCIDENT, AND WHOSE CHILDREN, BUSINESS, AND SPOUSE NEEDED HIM AT ALL HOURS; AND AN ITINERANT WHOSE CARAVAN HAD JUST BEEN DESTROYED BY FIRE, AND WHO WAS THEREFORE NEEDED TO PREPARE NEW LODGINGS FOR HIS FAMILY. THE PROCEDURES USED BY THE JUDICIARY TO DECIDE ON SENTENCING ARE DETAILED ACCORDING TO LEGAL TEXTS CONSULTED, JURIDICAL AUTHORITIES CONTACTED, AND THE PROBLEMS THAT AROSE. FINALLY, QUESTIONS ARE RAISED REGARDING COMPLICATIONS SUCH AS REVOCATION OF A SENTENCE WHERE EXTENUATING CIRCUMSTANCES CHANGE THE NATURE OF THE DELINQUENT'S SITUATION, CONSECUTIVE SENTENCING INVOLVING SUSPENSION OF SENTENCES, SITUATIONS INVOLVING MILITARY PERSONNEL, AND LEGISLATION REGARDING JURISDICTION AND APPEAL. NO REFERENCES ARE PROVIDED. --IN FRENCH. (MHP)