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Work of general interest (TIG)

Verified 19 mars 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

General interest work (GIT) is free work performed in an association or public service. It is a sentence that can be proposed to the author of some offenses, who was at least 13 years old at the time of the incident, and who is over 16 at the time of the judgment. He must give his consent. TIG can be pronounced as the main sentence, supplementary penaltya penalty of conversion of a firm sentence or as an obligation imposed in the context of a probation sentence.

Definition

General interest work (GIT) is a criminal penalty imposed by the courts on a person who has committed a crime offense..

The person must work free of charge, for a period to be determined by the judge, to:

  • a public body (e.g. a prefecture, an administration, a hospital),
  • a private body responsible for a public service task (e.g. a public transport authority),
  • an authorized community or association (for example, a social integration association).

The duration of work shall be determined by the judge.

The person judged must give his consent before the measure is carried out. The agreement may be given:

  • at the hearing by the person himself,
  • or at the hearing by his lawyer, with written agreement
  • or after the person's own hearing before the enforcement judge (JAP).

  FYI : in New Caledonia, the customary senate, customary councils and tribes may be empowered by the sentencing judge to implement a GIT.

Different kinds of TIG

The TIG may be pronounced as:

  • main penalty, which avoids imprisonment,
  • additional penalty, in addition to another penalty, for certain offenses (e.g. road offenses),
  • Conversion of a term of imprisonment imposed by the sentencing judge,
  • or obligation to perform in the context of a probation..

Conditions relating to the person

A person over the age of 16 who is convicted of an offense may be sentenced to a GTI unless the person was under the age of 13 at the time the offense was committed.

Conditions relating to the infringement

Delirium

TIG may be imposed on the perpetrators of all offenses punishable by imprisonment.

The enforcement judge may, of his own motion, at the request of the person concerned, or on the request of the prosecutor, order the replacement of the TIG by a sentence of day fine.. The decision must be reasoned.

Contravention

Community service may be pronounced for some 5th class tickets, including voluntary degradations, but only for adults.

Different types of work possible

Major

After the trial, the judge applying the sentences, who is seised by the prosecutor, shall determine the exact type of work to be carried out. This decision cannot be contested.

The convicted person must work free of charge in a public body, a private body entrusted with a public service mission, or an authorized association.

The work may consist of:

  • improving the natural environment (gardening...),
  • repair damage related to vandalism (painting, glazing...),
  • maintain the heritage, (restore a historic building...),
  • working with victims of road accidents, in particular in the case of road traffic offenses,
  • or to carry out acts of solidarity (aid for disadvantaged people...).

Minor

After the trial, the juvenile judge, who is seised by the prosecutor, determines the exact type of work to be performed. This decision cannot be contested.

The convicted person must work free of charge in a public body, a private body entrusted with a public service mission, or an authorized association.

The work may consist of:

  • improving the natural environment (gardening...),
  • repair damage related to vandalism (painting, glazing...),
  • maintain the heritage, (restore a historic building...),
  • working with victims of road accidents, in particular in the case of road traffic offenses,
  • or to carry out acts of solidarity (aid for disadvantaged people...).

The work must be suitable for minors and must be of a formative or social nature for convicted young people.

Other obligations 

In addition to the obligation to perform community service, the convicted person must comply with other measures. The JAP monitors compliance with these obligations, with the help of social workers, among them CPIPs (prison integration and probation counselors).

The convicted person must: 

  • undergo a medical examination which will declare him fit or unfit for work,
  • justify reasons for changes in employment or residence that would prevent the GIT from being made,
  • respond to the summons of the JAP or the social worker,
  • provide the social worker with all documents and information enabling him to verify that the obligations have been fulfilled,
  • receiving the social worker at his home when he comes,
  • and obtain the JAP's permission in case of travel that would prevent the TIG.

Depending on his situation and the offense he committed, the convicted person may also be subject to several other measures chosen by the court or the JAP during the trial period.

These measures may be obligations or prohibitions. For example:

  • Obligation to work or undergo training
  • Obligation to care for alcohol, drugs or to talk about his problems with a professional (psychologist or psychiatrist)
  • Obligation to repair damage caused by the infringement
  • Obligation to perform work of general interest
  • Obligation to take an internship
  • Do not connect with certain people
  • Do not go to certain places (to someone's home, to drink, to a specific city...)
  • Do not hold or carry a weapon
  • Do not engage in an activity involving regular contact with minors
  • Do not drive a vehicle.

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Offense committed after March 25, 2020

Duration by type of offense

Duration

Contravention

Other case

Minimum Duration

20 hours

20 hours

Maximum Duration

120 hours

400 hours

Offense committed between 1 October 2014 and 24 March 2020

Duration by type of offense

Duration

Contravention

Other case

Minimum Duration

20 hours

20 hours

Maximum Duration

120 hours

280 hours

Offense committed before 1 October 2014

Duration by type of offense

Duration

Contravention

Other case

Minimum Duration

20 hours

20 hours

Maximum Duration

120 hours

210 hours

  Warning : the TIG must be carried out within a period fixed by the judge and which may not exceed 18 months.

No remuneration or reimbursement of costs (transport and meals) shall be paid for work of general interest.

Individuals who are already in a professional activity must complete their GIT during their free hours.

Control

The sentenced person shall be checked:

  • by the body for which the work is performed,
  • and by the JAP or the juvenile judge.

The convicted person must notify the magistrate in writing of any change of address, and respond to summonses.

If the TIG has been completed in a timely manner, the penalty shall be deemed to have been carried out. But it will not disappear from the No. 2 criminal record until after five years.

Sanctions

A convicted person who fails to perform his GTI within the 18-month period may be prosecuted in court.

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The court has fixed the penalty for failure to execute the TIG

The JAP decides on the enforcement of all or part of the sentence provided by the court (fine or prison), with a maximum of 2 years in prison and €30,000 a fine or the maximum penalty for the offense committed.

The court did not set the penalty for failure to execute the TIG

Prosecutors may initiate proceedings for non-execution of a sentence and the person may be sentenced to:

  • 2 years in prison
  • and €30,000 fine.