Decrim

source: Le Figaro

author: Paule Gonzales

translation: doxa-louise

COMING SOON, FINES FOR DRUG USE

Gérard Collomb, Interior Minister, declared Thursday that a penalty

system to curb drug uses would be put into place in the coming 

‘three to four months’, replacing an eventual prison sentence after

a court appearance.

A high risk subject which has stumped a number of ministers. Gérard Collomb,

Interior Minister, made the announcement without prior warning, a fine

will replace the court to curb drug use and its imprisonnement before the

end of the year. An announcement sure to create apprehension within the

government. Because in the context of his presidential program, Emmanuel

Macron had maintained a certain ambiguity on the question but put forth

this measure as the best way to ensure  sanction and effective execution

toward all daily offenses which poison the life of the average French citizen

from shoplifting up to crimes of the road running through the taking of illicit drugs.

Thus ‘tolerance zero’, according to En Marche.

Gérard Collomb has then slightly changed the given by announcing a simple fine

for drug use but also for possession.

In the minds of those who had drafted the Emmanuel Macron policy, the idea was

not to quit the area of penal law and the role of the court for that of the police

but rather a way of simplifying procedures by a system of immediate fines and 

complementary sentences. An approach which had the virtue of preserving  the tortious

character for these offenses. Thus, in case of impossible enforcement or non-payment,

the author of the violation would find himself in court or perhaps even in jail. 

Providing a way of avoiding procedures that are not pursued or excessive delays

and thus breaking with the feeling of untouchability of offenders and hopelessness

in the population or police forces.

With respect to illegal drug use, on 170 000 charges to users in 2014, only

30 000 cases ever made it to court. ‘If this can permit a better enforcement of justice,

we are not opposed, said Jacky Coulon, national secretary for the Union syndicale des

magistrats (USM). But we would not want to see this lower the level of enforcement, 

because there are infractions which warrant being fully pursued and let us do that under

the control of a judge.’ which is what is being recommended. In effect, these fines would

be overseen by the public prosecutor’s office and a judge.

Proper Decriminalization

The coming of a simple fine amounts to proper decriminalization which many will

want to oppose. Moreover the Minister of the Interior wants to incidentally extend this to

possession as well. ‘This becomes technically and politically more complicated. If only 

because up to now the inclusion of a charge of possession gave the judge the possibility of pronouncing a sentence more severe than for mere use if he deemed this necessary. 

And the question of what constitutes possession will become problematic. 

'Three grams of cannabis is someone’s pocket is not the same as 50 or 100 grams, even more’, 

argues this magistrate with long experience who doubts the usefulness of a simple ‘ticket 

pad’ approach. Can one expect these fines to be given by the forces of order and paid off by offenders?