Lawyers across France strike against proposed plea-bargain changes
Planned introduction of system for criminal charges would help clear court backlog but is widely condemned by bar associations
Plea bargains are currently limited in France, due to its civil law structure. Photo shows an assize court in Montpellier
BOULENGER Xavier/Shutterstock
Lawyers across France are striking today (April 13) in opposition to a new justice reform bill championed by Justice Minister Gérald Darmanin that seeks to widen plea bargaining offers in France.
The ‘loi SURE’ (Sanction Utile, Rapide et Effective) seeks to introduce plea bargains for those suspected of a crime in France. It is set to be debated in the Senate this week.
Strike action has been ongoing since April 1 in some areas, particularly around Lille and Amiens, but wider action is taking place today as part of a ‘black day’ for courts.
Criminal and civil proceedings are expected to be cancelled across France today due to the action, with some courts set to be completely closed.
Lawyers are aiming to bring the justice system to a total halt with the strike to show their opposition to the bill. Ongoing action means further backlog to the justice system is expected.
Specific future action is yet to be announced, although bar associations have said demonstrations against the bill will be ongoing and have not pointed towards a fixed end date.
However, other activities involving lawyers are not set to be impacted as it is mainly lawyers in bar associations that are striking.
For its part, the government says the bill was discussed with invested parties for several months before being introduced, and such opposition was not voiced during this period.
What do lawyers oppose in the bill?
The loi SURE would allow suspects who admit they are guilty to be tried without a plea – in return for a partially reduced sentence – lessening the time spent by judges and the judicial system on the case.
A popular form of legal proceedings in the US, where the judicial structure is based on previous decisions, a form of plea bargaining is also used in other countries including Canada as well as England and Wales.
It is less common in civil law countries such as France, where a written civil code lays out requirements for trials and proceedings, and often requires a trial for certain crimes.
While plea bargains have been accepted in France for misdemeanours (délits) since 2004, those suspected of felonies (affaire criminelle) face a court trial regardless of their plea.
The government says the new legislation would help deal with a backlog in the criminal justice system, which has more than 6,000 pending cases.
Lawyers however believe plea bargains would undermine France’s rigid legal system.
“You can't treat a felony case the same way you treat a common misdemeanor case,” said lawyer at the Amiens Bar Stéphane Diboundje to France3.
“A trial in the Assize Court (cour d'assises) requires a lengthy debate with interrogations, cross-examinations, expert analyses, and hearings conducted by the parties. This takes time, you cannot handle it in a few minutes with a guilty plea,” he added.
“There is no real negotiation of the sentence; it is a so-called negotiated justice system, but above all, an expedited one,” said lawyer Philippe Simonet.
“This also poses a structural risk to the defendant's consent, since the prospect of a reduced sentence, combined with the pressure of pretrial detention and the fear of a much heavier sentence in case of refusal, creates an imbalance incompatible with the requirement of free and informed consent.”
Lawyers also argue the proposals are insufficient for victims, who may feel that criminals ‘get away’ with part of their crimes via the reduced sentence.
Generally, lawyers and bar associations want the bill to be thrown out, although some argue for a more considered approach to plea bargaining that will help deal with the judicial backlog.
