General interest work (TIG)
Verified 19 March 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Community service (TIG) is work carried out free of charge in an association or public service. It is a penalty that can be offered to the author of certain infringements, who was at least 13 years old at the time of the offense, and who is more than 16 years old at the time of the judgment. He has to agree. The TIG can be pronounced as the main penalty, additional penalty, a sentence of conversion from a mandatory sentence or as an obligation imposed in the context of a probation order.
Definition
Community service (TIG) is a criminal sanction imposed by the courts on a person who has committed a crime. infringement.
The person must work free of charge for a period fixed by the judge for:
- a public body (e.g. prefecture, administration, hospital),
- a private body with a public service mission (e.g. a public transport authority),
- an authorized community or association (for example, a social inclusion association).
The duration of the work shall be fixed by the judge.
The person being tried 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 a written agreement
- or after the hearing by the person himself before the sentencing judge (JAP).
FYI
in New Caledonia, the customary senate, customary councils and tribes may be empowered by the sentencing judge to implement a TIG.
Different kinds of TIG
TIG can be pronounced as:
- the main penalty, which prevents imprisonment,
- additional penalty, in addition to another penalty, for certain offenses (e.g. road traffic offenses),
- sentence of conversion of a firm prison sentence by the sentencing judge,
- or obligation to be performed under a probation stay.
Conditions relating to the person
Anyone over the age of 16 who is convicted of an offense may be sentenced to the performance of a TIG, unless he or she was under the age of 13 at the time of committing the offense.
Conditions relating to the infringement
Offense
The TIG penalty may be imposed on the perpetrators of all offenses punishable by imprisonment.
The sentencing judge may, ex officio, at the request of the person concerned, or at the request of the prosecutor, order the replacement of the TIG by a sentence of fine day. Reasons must be given for the decision.
Contravention
Community service may be pronounced for some fifth-class tickets, including voluntary damage, but only for adults.
Different types of work possible
Adult
After the trial, the sentencing judge, seised by the prosecutor, determines the exact type of work to be carried out. This decision cannot be challenged.
The convicted person must work free of charge for a public body, a private body with a public service mission or an authorized association.
The work may consist of:
- improving the natural environment (gardening...),
- repair the damage related to vandalism (painting, glazing...),
- to maintain the heritage, (restore a historic building...),
- work with victims of road accidents, in particular in the case of a traffic offense,
- or to carry out acts of solidarity (aid to disadvantaged persons, etc.).
Minor
After the trial, the juvenile judge, seized by the prosecutor, determines the exact type of work to be carried out. This decision cannot be challenged.
The convicted person must work free of charge for a public body, a private body with a public service mission or an authorized association.
The work may consist of:
- improving the natural environment (gardening...),
- repair the damage related to vandalism (painting, glazing...),
- to maintain the heritage, (restore a historic building...),
- work with victims of road accidents, in particular in the case of a traffic offense,
- or to carry out acts of solidarity (aid to disadvantaged persons, etc.).
The work must be adapted to minors and must be of a training nature or be of a nature to promote the social integration of convicted young people.
Other obligations
In addition to the obligation to carry out work of general interest, the sentenced person must comply with other measures. JAP monitors compliance with these obligations, with the help of social workers, including CPIPs (prison insertion and probation counselors).
The convict must:
- undergo a medical examination which will declare him or her fit or unfit for work,
- justify reasons for changes in employment or residence that would prevent the TIG from being performed,
- respond to calls from the JAP or social worker,
- provide the social worker with all the documents and information necessary to verify compliance with the obligations,
- receive the social worker at home when he comes,
- and obtain JAP authorization in the event of a move that would prevent 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.
Such measures may be obligations or prohibitions. For example:
- Obligation to work or undergo training
- Obligation to care for alcohol, drugs or to discuss problems with a professional (psychologist or psychiatrist)
- Obligation to repair the damage caused by the infringement
- Obligation to carry out work of general interest
- Obligation to do an internship
- Not connecting with certain people
- Do not go to certain places (someone's home, drinking establishments, a specific city...)
- Not owning or carrying a weapon
- Do not engage in activities involving habitual contact with minors
- Do not drive a vehicle.
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Offense committed after March 25, 2020
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 | Contravention | Other case |
|---|---|---|
Minimum Duration | 20 hours | 20 hours |
Maximum Duration | 120 hours | 280 hours |
Offense committed before 1 October 2014
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 time limit fixed by the court which may not exceed 18 months.
No remuneration or reimbursement of expenses (transport and meals) shall be paid for work of general interest.
Persons who are already in employment must perform their TIG during their free hours.
Control
The sentenced person shall be checked:
- by the body on whose behalf the work is carried out,
- and by the Judge responsible for the enforcement of sentences (JAP) or by the Juvenile Judge.
The convicted person must notify the magistrate in writing of any change of domicile and respond to summonses.
If the TIG has been completed on time, the sentence shall be considered to have been carried out. But it will only disappear from the No. 2 criminal record after a period of 5 years.
Sanctions
A convicted person who fails to complete his or her TIG within the 18-month period may be prosecuted before a court.
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The court set the penalty for non-execution of the TIG
The JAP decides on the execution 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 fine, or the maximum penalty for the offense committed.
The court did not set the penalty for non-execution of the TIG
The prosecutor may prosecute for non-execution of a sentence and the person may be sentenced to:
- 2 years in prison
- and €30,000 of fine.
TIG Timeout
Correctional Sentences
Conviction
Violation of a TIG sentence
Enabling legal persons to implement TIGs
Establishment of a list of TIGs
Withdrawal of authorization, annual report
Setting of the methods of execution of the TIG (judgment, precision on duration, medical examination, etc.)
Monitoring the execution of the TIG
Ministry of Justice