NCJ Number: 49489
Title: CONSEQUENCES OF THE PENAL SENTENCE ON POLICE RECORD AND ON CAPACITY
Journal: REVUE PENITENTIAIRE ET DE DROIT PENAL Issue:1 Dated:(JANUARY/MARCH 1978) Pages:65-77
Author(s): A LORIEUX
Corporate Author: Societe Generale des Prisons et de Legislation Criminelle
Date Published: 1978
Page Count: 13
Sponsoring Agency: Societe Generale des Prisons et de Legislation Criminelle
Format: Article
Language: French
Country: France
Annotation: ALL PENAL SENTENCES IN FRANCE ARE AUTOMATICALLY REGISTERED ON A POLICE RECORD AND IMPOSE A LIMITATION ON THE CIVIL AND PROFESSIONAL RIGHTS OF THE INDIVIDUAL.
Abstract: THE SOCIAL READAPTATION OF A CONVICTED PERSON IS OFTEN HINDERED BY THE SECONDARY CONSEQUENCES AND SECURITY MEASURES IMPOSED BY THE ORIGINAL SENTENCE. AMONG THE RECENT DECISIONS DIRECTED AT FACILITATING SOCIAL READAPTATION IS THE LIMITATION BOTH OF PUBLIC ACCESS TO POLICE RECORD AND OF SECONDARY CONSEQUENCES. ALTHOUGH ALL CRIMINAL SENTENCES ARE REGISTERED IN THE POLICE RECORD (B1), THEY MAY BE REMOVED UNDER TWO CIRCUMSTANCES: (1) AFTER 40 YEARS IF NO OTHER OFFENSE IS RECORDED, AND (2) IN THE CASE OF AMNESTY, OR WHEN IMPRISONMENT WAS EQUAL TO OR LESS THAN 3 MONTHS OR LESS THAN A YEAR WITH PROBATION. ALL CRIMINAL SENTENCES ARE AVAILABLE TO MILITARY AUTHORITIES (B2) EXCEPT IN THE FOLLOWING CASES: (1) CONVICTED MINORS, (2) REHABILITATED PERSONS, (3) PERSONS SENTENCED IN THE POLICE COURT, (4) PERSONS CONVICTED IN REGULATION WITH ARTICLES 43-1 AND 43-5 OF THE PENAL CODE, (5) CONVICTIONS WITH PROBATION, OR (6) BY DECISION OF THE COURT. THE B3 INCLUDES A RECORD OF THE MOST SERIOUS CRIMES CONTAINED IN THE B2 AND IS AVAILABLE TO ANY INTERESTED PARTY. THE COURT CAN REQUEST DELETION OF ANY SENTENCE IN THE B3 IN ORDER TO FACILITATE SOCIAL READAPTATION. A PENAL SENTENCE IN EXCESS OF ONE YEAR AUTOMATICALLY HAS THE EFFECT OF LIMITING CIVIC, CIVIL AND PROFESSIONAL CAPACITIES; THIS LATTER IS THE GREATEST OBSTACLE TO SOCIAL READAPTATION. A CLEAN B2 IS REQUIRED IN THE FOLLOWING SECTORS: STATE ADMINISTRATION, MILITARY SERVICE, COMMUNITY ADMINISTRATION, PARAPUBLIC ORGANIZATIONS, AND MEDICAL OR PUBLIC HEALTH ORGANIZATIONS. SECURITY MEASURES, SUCH AS DRIVER'S LICENSE SUSPENSIONS, DESIGNED FOR PUBLIC PROTECTION, MAY ALSO BE INSTITUTED BY THE COURT. ALL CRIMINAL OFFENSES AND INCAPACITIES RECORDED IN THE B2 MAY BE REMOVED BY COURT DECISION (UNDER CERTAIN CONDITIONS) OR BY REHABILITATION. ALTHOUGH THESE RECENT DECISIONS SEEM LEGALLY AND PRACTICALLY OF GREAT COMPLEXITY, THEY REPRESENT A TENDENCY TOWARD INDIVIDUALITY, THEREBY REPRESENTING REAL PROGRESS IN THE PENAL JUSTICE SYSTEM. LAWS ARE CITED BUT NO REFERENCES ARE INCLUDED. --FRENCH. (INL)
Index Term(s): Burglary; Discrimination; Ex-offenders; Police records; Rehabilitation; Sentencing/Sanctions; Social reintegration
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49489
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