Youth violence: what is the “minority excuse” that Gabriel Attal wants to return to ?

After his visit to the Viry-Châtillon college this Thursday, April 18, 2024, to denounce the addiction of some of our adolescents to violence, Gabriel Attal clarified its announcements this Thursday April 18 on BFMTV. In particular open a debate on "the’minority excuse"

Gabriel Attal announced Thursday morning a series of measures and a "consultation" of eight weeks to deal with the violence of part of the youth.

In order to attack "the evil at the root", the Prime Minister affirmed  : "All middle school students will be in school every day of the week, between 8 a.m. and 6 p.m." because "during the day, the place is at school, working and learning". But he also insisted on parental responsibility, and the mention "sanction" on the files of disruptive students.

Principle with constitutional value

Invited on the BFMTV set for a special program this Thursday evening, the head of government said he was ready to open the debate on "attenuations to the minority excuse"in criminal convictions and on the possibility of "establishing an immediate appearance in court for young people from the age of 16, so that they have to answer for their acts immediately as adults.

In reality, it can be complicated to come back to "the’minority excuse" because it is a fundamental legal principle with constitutional value. Developed by the order of February 2, 1945 of the National Council of the Resistance, the text establishes two major modern principles of juvenile criminal justice: protect and educate.

Taken up by the Penal Code in its article 122-8, the text provides that presumed minors of at least 13 years "capable of discernment", are "criminally responsible for the crimes, misdemeanors or contraventions of which they have been found guilty, taking into account the mitigation of responsibility they benefit from due to their age, under conditions set by the juvenile criminal justice code".

Lifted twice since its entry into force

Coming into force in 2021, the Code of Criminal Justice for Minors establishes the principle of presumption of non-discernment for minors under 13 years of age. No sentence can be imposed against them and they benefit from criminal jurisdiction specific to them.

During the trial of the attackers of Shaïna, the teenager raped, stabbed 14 times and burned alive, the civil party denounced the inadequacy of the sentence handed down to the ;accused. Aged 17 at the time of the facts, "the’minority excuse" which was not lifted by the assize jury, allowed him to avoid a maximum sentence of 20 to 30 years.

The judges can decide to lift this principle exceptionally and under certain conditions. Since its entry into force, the minority excuse has only been lifted twice: in 1989 in the Patrick Dils case and in 2014 in that of Agnès Sailor.