Teenagers soon to be judged like adults ? Can the minority excuse be removed ?

Recent news items, including the murder of young Matisse, have revived the debate around the minority excuse. What is it? Can it be deleted?

For several weeks, news stories marked by rare violence and whose perpetrators are often minors have followed one another. The phenomenon is such that in mid-April, Prime Minister Gabriel Attal drew up the objectives of the "Grenelle" on violence against minors wanted by President Emmanuel Macron. Latest news item to date: the murder of young Matisse, 15 years old, Saturday April 27   Châteauroux. The main suspect is also aged. 15 years old. A drama that revived the debate on the minority excuse. 

This provides for reducing the penalties incurred when it comes to minors who are "capable of discernment" and therefore over 13 years old. Indeed, those under 13 are generally considered incapable of discerning the scope of their actions and therefore not condemnable, relays the ministry. ;era of Justice. Article 122-8 of the penal code provides, however, that “minors capable of discernment are criminally responsible for crimes, misdemeanors or contraventions of which they wereé found guilty, taking into account [however] the mitigation of responsibility from which they benefit because of their age, under conditions set by the code of criminal justice for minors." In fact, "a custodial sentenceé greater than half of the penalty incurred" cannot, for example, be pronounced out loud. against them. À note that a reduction in sentence is systematic when minors are aged from 13 to 15 years old. 16 years, but not automatic after 16 years. 

While the boss of the National Rally, Jordan Bardella, reaffirmed this on April 17 on the set of BFMTV and RMC ;want "the end of the minority excuse", a position already in place; defended during the riots which followed the summer Following the death of Nahel, the president of the Republicans of Hauts-de-France, Xavier Bertrand, insisted the next day on the 24/7 news channel on the fact that "the minority excuse' should no longer be the rule. Same speech from several right-wing mayors whose municipalities have recently experienced tragedies committed by minors. 

For its part, the government, through the voice of Gabriel Attal, recently said it was open to debate . A position which, however, did not fail to achieve success. to worry the magistrates' unions. "Give up & sentence reduction for minorities, particularly for the youngest, from 13 to 15 years old. 15 years old is to deny that an adolescent has not yet arrived at the age of 15. fully mature, said the French Association of Youth and Family Magistrates (AFMJF) in a press release. published end of April. The debate has only just begun…