Security Detention for Criminal

Verified 29 March 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Security detention is forced placement in a socio-medical-judicial center after the end of a criminal sentence. The measure is taken on an exceptional basis if the detainee poses a grave threat to business. Security detention is decided at the same time as the criminal penalty. But the measure can also be taken after the judgment, if the detainee does not respect the obligations of a safety surveillance.

Security detention means forced placement in a health center. This placement is for a person convicted of a serious crime who has completed his or her sentence. The detainee who is subject to a security detention is therefore not released. Placement in a nursing home is motivated by the person's dangerousness and the need to protect the business of a recurrence.

All of the following conditions must be met for a decision to place a person under detention.

Conditions relating to crime and punishment

Major victim

The prisoner must have been sentenced to at least 15 years of criminal imprisonment for one of the following serious crimes:

  • Rape, murder or murder
  • Torture and barbaric acts
  • Kidnapping or sequestration
Minor victim

The prisoner must have been sentenced to at least 15 years of criminal imprisonment for one of the following serious crimes:

  • Rape, murder or murder
  • Torture and barbaric acts
  • Kidnapping or sequestration

Conditions relating to the personality of the criminal

The personality of the criminal must meet the following 2 characteristics:

  • He has a serious personality disorder
  • It is very dangerous, with a very high possibility of recidivism

Conditions relating to the execution of the sentence

The inmate must have completed his sentence and the placement must allow him to receive care adapted to his personality disorder.

If the crime was committed after February 27, 2008, detention may be decided upon the judgment of the crime committed by the detainee or while he is under security supervision.

Detention issued at the same time as the criminal sentence

The court that convicts a person who has committed a serious crime must decide whether or not the person should be subject to detention at the end of his sentence.

If the detention was decided upon at the time of conviction, it must be confirmed by the regional court of detention.

At least 1 year before the end of his sentence, the detainee's situation is examined by the multidisciplinary committee on security measures (CPMS: titleContent).

The assessment shall be carried out in a specialized unit responsible for the observation of detained persons, for a period of at least six weeks. The person concerned will be subjected to a multidisciplinary assessment of dangerousness accompanied by medical expertise.

If the CPMS: titleContent concludes that the criminal is dangerous, and proposes that he be subject to a security detention if all of the following conditions are met  

  • The criteria for security detention are met
  • Security detention is the only way to prevent the recidivism of crimes, as possible obligations under other preventive measures (socio-judicial supervision, judicial supervision, registration on the FIJESE: titleContent ) being insufficient

The decision shall be taken by the regional security detention court, after a adversarial debate between the public prosecutor and the convicted person, again on the proposal of the multidisciplinary commission on security measures. The court is seised by the public prosecutor.

The convicted person must be present and has the right to legal assistance.

Who shall I contact

The decision of the regional security detention court may be challenged by the detainee before the national security detention court (JNRS: titleContent). This court is located in the Court of Cassation.

Who shall I contact

The appeal must be made within 10 free days from the notification of the decision.

The appeal is not suspensive: the security detention measure may apply.

The decision of the JNRS: titleContent may be subject to appeal in cassation within 5 free days of its notification.

Detention decided during security surveillance

Security detention may be imposed on a person who is subject to security supervision if he or she fails to comply with the security supervision obligations. But only if the person poses a particularly grave threat to the business.

The placement may, under those circumstances, be ordered as a matter of urgency by the President of the regional court for detention in custody. This emergency placement must be confirmed at the latest within 3 months by the regional security detention court, after a favorable opinion from the multidisciplinary security measures commission (CPMS: titleContent).

Decisions of the regional security detention court may be challenged by the data subject before the national security detention court (JNRS: titleContent). This court is located in the Court of Cassation.

Who shall I contact

The appeal must be made within 10 free days from the notification of the decision.

The appeal is not suspensive: the security detention measure may apply.

The decision of the JNRS: titleContent may be subject to appeal in cassation within 5 free days of its notification.

Placement in a center

A person who is subject to a detention order shall be placed in a social-medical-judicial security center, which shall provide medical, social and psychological care for the convicted person. Medical treatment may consist of a treatment that reduces the convicted person's libido.

The convicted person may:

  • Participate in educational, training and other activities
  • Perform a job compatible with their presence at the center
  • Engage in religious or philosophical activities
  • Send or receive correspondence, receive visits, and call daily

Exit Permission

The placed person may be allowed to go out for a few days under an electronic bracelet in order to maintain family ties or to prepare for the end of the measurement.

Permission is granted or denied by the sentencing judge. This decision may be appealed to the regional court for security detention within 5 free days of its notification.

Initial Duration

The detention order shall be valid for one year.

The measure shall be suspended by any detention which occurred during its execution. If the detention exceeds 6 months, its resumption must be confirmed by the regional jurisdiction of the security detention no later than 3 months after the end of the detention. Otherwise, it is automatically terminated.

Extension

The detention measure may be renewed for one year after a favorable opinion by the Multidisciplinary Commission on Security Measures. This requires that the initial conditions be met and that the offender's dangerousness be maintained.

Finite

Retention may be terminated before the expiry of the period:

  • After a period of 3 months from final decision of detention in custody, the sentenced person may apply to the regional court for an end to the measure. In the absence of a reply within three months, the measure shall be automatically lifted. If the application is rejected, no further applications can be filed for 3 months.
  • The measure shall be automatically lifted by the regional court as soon as the person no longer presents the risks of danger which motivated the use of detention.

Placement under security supervision

Where the detention is not prolonged or the measure is terminated, the regional court may place the person under safety surveillance. This placement is fixed for 2 years if the risk of recurrence persists. The decision will be taken after an adversarial debate in which the person is assisted by a lawyer of his or her choice or a court-appointed lawyer.

A person sentenced to a prison term for a terrorism-related offense punishable by at least 5 years imprisonment or 3 years in the case of a repeat offense may be compelled to carry out a judicial measure to prevent a repeat terrorist offense and to rehabilitate him at the end of his sentence. This measure

Where a person has been sentenced to a non-suspended custodial sentence of five years or more for one or more of the offenses mentioned in Articles 421-1 to 421-6 of the Criminal Code, excluding those defined in Articles 421-2-5 and 421-2-5-1 of the same Code, or of three years or more where the offense was committed in a state of legal recidivism, and it is established, following a review of his situation at the end of the execution of his sentence, whereas this person presents a particular danger characterized by a very high probability of recidivism and by a persistent adherence to an ideology or to arguments inciting the commission of acts of terrorism, thus impeding his reintegration, the Paris Criminal Penalties Court may, on the request of the prosecutor of the Anti-Terrorism Republic, order, for the sole purpose of preventing recidivism and ensuring reintegration, a judicial measure for the prevention of terrorist recidivism and for reintegration.