Cordier, François

The French National Court of Appeal for Preventive Detention’s contribution toward the interpretation of law no. 2008-174 (amended) relating to preventive detention - 2020.


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Preventive detention and surveillance were incorporated into French law in 2008 in order to prevent the propensity of a few criminals to once again commit serious offenses. This law profoundly changed the function of criminal judges; they must now assess whether a person presents a particular or persistent danger to the general public, irrespective of the perpetration of a criminal offense. It makes it possible to maintain in preventive detention serious offenders who have served their full prison sentence. Furthermore, the French Parliament is discussing the possibility of extending these preventive measures to offenders sentenced for terrorism. In these circumstances, the review of the case law of the national appeal court in charge of this matter (JNRS) is of great interest. The rulings of this court give many precise details on the necessary conditions for ordering preventive surveillance or detention in case of breach of obligations attached to this measure. The court has also expanded the rights granted during the hearing. The JNRS underlines that these extraordinary preventive measures may only be ordered when strictly necessary.