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Réinsertion et peines de milieu ouvert

Abstract : The 21st century marks a decisive turning point in the history of the law of the enforcement of sentences. The function of rehabilitating a convicted person has gradually become of paramount importance, only to be enshrined as a contemporary function of sentencing. In the face of the unanimous observation that the prison institution has failed to achieve the fundamental objectives of criminal policies to prevent recidivism and criminal overcrowding, the use of open-setting sentences has been constantly promoted by the legislator as a recourse. This type of sentence is considered to be the cornerstone of the offender's reintegration and therefore the mean to achieve less recidivism. Nonetheless, despite their undeniable potential in terms of the rehabilitation of the convicted person, it appears that they cannot achieve the objectives set out without an increased investment in the field of probation. However, the administrative body responsible for their implementation and monitoring has clearly insufficient human and material resources in this respect, leading to not completely fulfill the socio-educational requirements for these penalties. In addition, criminal policy makers should take into consideration the possibility to move away from the paradigm of confinement in order to ensure coherence and efficiency. Only under these conditions can the endemic phenomena of prison overcrowding and recidivism be effectively controlled. Will the French criminal justice system be able to make these profound and life altering changes ?
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Submitted on : Tuesday, December 14, 2021 - 1:01:41 AM
Last modification on : Thursday, August 4, 2022 - 4:54:50 PM
Long-term archiving on: : Tuesday, March 15, 2022 - 6:16:41 PM


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  • HAL Id : tel-03478534, version 1



Clarisse Nimal. Réinsertion et peines de milieu ouvert. Droit. COMUE Université Côte d'Azur (2015 - 2019), 2019. Français. ⟨NNT : 2019AZUR0026⟩. ⟨tel-03478534⟩



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