Civil and criminal procedure reforms – Justice programming law 2018-2022

Civil procedure is evolving. A striking aspect: the provisional enforcement of civil decisions of first instance. the appeal is no longer, in principle, suspensive of execution.

Through a series of measures, including this one, the legislator wanted to reframe the appeal procedure so that it is no longer an opportunity to prolong a case indefinitely but is refocused on its main role as an instrument for criticizing the first instance decision, more than a way to make an alternative trial.

 

Update June 23, 2021: as of July 1, 2021, it will be necessary, in the normal procedure (ordinary written on the merits), to set a hearing date and indicate it in the summons.

 

Here again, the measure comes to energize the first instance, since before, we could summon someone "on the merits" without asking for a hearing date beforehand, which could leave a doubt on the real will to seize the court, or on the need to quickly appoint a lawyer.

 

Penal procedure :

A striking aspect, among others:

Regarding the prison sentence:

Prison sentences of less than one month are prohibited, the imprisonment, if imposed, must be for more than one month.

Up to six months of sentence of imprisonment pronounced, without suspension or probationary suspension, the adjustment of the sentence at the hearing must be pronounced, if at least it is technically feasible (otherwise by the JAP with possible conversion into TIG or day-fine, at least in the absence of a warrant of deposit, because with a warrant of deposit the intervention of the JAP can be late, from 4 to 5 months):

– house arrest
– Semi-freedom
- Placement

– (TIG, day-fine)

Beyond six months and up to one year of pronounced imprisonment, this arrangement may be partial.

From one year to 2 years of sentence: possible adjustment in post-sentence by the sentence enforcement judge (JAP), only for non-recidivists (?), and if the warrant of committal is pronounced, l The intervention of the JAP can be late (4 to 5 months).

 

The warrant of committal may be accompanied by a deferred effect (deferred incarceration), beyond 6 months in prison, if this warrant is not accompanied by provisional execution, the filing of an appeal may suspend the incarceration.

The penalties depriving or restricting of rights, the penalties of training, the TIG, the bracelet, are autonomous penalties, or of adjustment, or complementary.