Mandatory mediation, minimum sentencing thresholds, thematic prisons... The avenues for justice envisaged by Gérald Darmanin in a letter addressed to magistrates

The Minister of Justice has mentioned several avenues for reform, including an expansion of the "guilty plea" and the creation of "thematic prisons."

The Minister of Justice intends to "restore listening, fieldwork, and common sense everywhere," in a letter to be sent to magistrates and justice officials on Monday, May 11, franceinfo has learned. Gérald Darmanin outlines several avenues to be implemented by the end of the five-year term in 2027 to "facilitate" access to justice, "clarify" sentences, and "rethink" prison. In it, he outlines the "ills" of the justice system in France, calling for greater firmness and efficiency.

Faced with court congestion, the Minister of Justice is considering extending the principle of "plead-guilty" —previously reserved for certain offenses—to criminal cases. This accelerated procedure makes it possible to avoid a trial if the accused admits the facts. It could therefore, for example, apply in the future to murder or rape cases. To be activated, the victims, the prosecutor, and the judge would have to agree. The sentence would then be decided and negotiated between all parties.

Another notable avenue: the establishment of mandatory mediation in certain civil matters, such as disputes. Gérald Darmanin suggests a "mandatory preliminary amicable phase" in order to "dejudicialize certain issues." He cites simple adoption or vacant successions (when there are no heirs) as examples.

The Minister of Justice, who denies wanting to propose "yet another major reform", wishes, however, to completely review "the scale of sentences" . He mentions a consultation to introduce "minimum thresholds" of sentences, without directly using the expression "floor sentence". These "thresholds" are envisaged as a priority for what the minister calls "everyday crime" , in particular "thefts, vandalism and wild rodeos ".

During this consultation, Gérald Darmanin hopes to limit the range of sentences to four main categories (compared to 200 currently): prison, probation (sentence adjustments, community service), day fines, and fines. In the context of prison overcrowding, the Minister of Justice calls for preference to be given to alternative sentences to prison for first-time offenders.

In line with the high-security centers dedicated to major drug traffickers, the minister also wants to create "thematic prisons." An organization inspired by the German model . It is also a response to the report, submitted Saturday, on the state of French prisons, where the occupancy rate reaches 133% (83,000 people, including 5,000 forced to sleep on a mattress on the floor). This report recommends a general "exceptional sentence reduction," as was the case during the Covid crisis.

The other measures mentioned in this letter concern in particular the digital shift in justice: the experimentation of videoconference hearings, the elimination of paper correspondence and the increased use of artificial intelligence.