Security detention for criminals

Verified 11 December 2024 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Is a prisoner systematically released at the end of his sentence? No, if he's under security detention. This measure consists in placing a criminal considered to be very dangerous in a health center as soon as the custodial sentence is over. Security detention may be considered immediately upon conviction or during security surveillance. We present you with the information you need to know.

Security detention is a measure reserved for criminals whose profile suggests that they can reoffend.

This arrangement allows a sentenced person to be placed in a social, medical and judicial security center at the end of the custodial sentence.

Placement in a care center entails medical, social and/or psychological care with the aim of reducing the danger of the sentenced person.

Thus, the convicted person remains deprived of his liberty until he no longer poses a danger to business.

All of the following conditions must be met in order for detention in custody to be considered.

Conditions relating to the crime committed and the sentence imposed

The type of crimes which may lead to detention depends on the age of the person on whom the infringement was committed (major or minor victim).

In any case, this measure can be considered only if the criminal has been sentenced to a sentence of 15 years or more of criminal imprisonment.

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Crime committed on a major

The person must have been convicted of one of the following crimes:

  • Rape aggravated (e.g. rape committed by several persons or accompanied by torture)
  • Aggravated murder (for example, murder after rape)
  • Assassination
  • Torture and aggravated barbaric acts (for example, when the victim died as a result of his or her injuries)
  • Aggravated kidnapping or forcible confinement (for example, kidnapping by organized band).

FYI  

Detention may also be used when murder, torture and barbarism, rape, kidnapping or forcible confinement have been committed recurrence.

Crime against a minor

The person must have been convicted of one of the following crimes:

  • Rape
  • Murder or murder
  • Torture and barbaric acts
  • Kidnapping or sequestration.

Conditions relating to the personality of the criminal

Security detention may be considered for a criminal who presents a high degree of danger characterized by a very high risk of recurrenceBecause he suffers from a serious personality disorder.

Conditions relating to the execution of the sentence

While serving the sentence, the convicted person must have received appropriate treatment for the personality disorder from which he suffers.

If this care has not made it possible to remedy his state of danger, the detention of security may be decided.

Security detention may be envisaged on 2 occasions:

  • On conviction of the author of the crime, when the court of assize provides for
  • During a safety surveillance, if the convicted person fails to comply with the obligations relating to that measure or refuses to place him under an electronic bracelet.

Depending on the case, the procedure for establishing a security detention is not the same.

At sentencing

Security detention may be decided upon only if the court of assises foresees, in his judgment of conviction, that the situation of the convicted person will be reviewed at the end of his sentence.

The court must clarify that this review may lead to detention in custody.

Procedure for establishing a security detention

At least 1 year before the end of the sentence, the multidisciplinary commission on security measures shall select a specialized service in which the convicted person will be placed for 6 weeks.

The mission of this service is to assess the dangerousness of the convicted person. She is also the subject of a medical examination.

If the CPMSCPMS : Multidisciplinary Commission on Security Measures concludes that this person is particularly dangerous, gives a reasoned opinion to attorney general on which it depends.

The notice must also demonstrate:

  • That security detention is the only way to prevent further crimes
  • Other measures (entry in the FIJESEFIJESE : Automated criminal record of perpetrators of sexual and violent offenses , placement under an electronic bracelet, injunctions for treatment, socio-judicial follow-up or judicial supervision) would be insufficient to prevent the risk of recurrence
  • That the prisoner has received, during the execution of his sentence, treatment appropriate to the personality disorder from which he suffers.

If the conditions for detention in custody are met, the Attorney General shall refer the matter to the regional security detention court for a decision on detention.

Please note

If the CPMSCPMS : Multidisciplinary Commission on Security Measures considers that the conditions for security detention are not met but that the person remains dangerous, and refers the case back to the application sentencing judge. This judge may, if necessary, order a placement under judicial supervision.

The Regional Security Detention Jurisdiction shall issue a reasoned decision after hearing the Attorney General, the convicted person and his or her lawyer during a adversarial debate.

The decision is notified to the convicted person through the director of the penitentiary establishment in which it is located

If the regional security detention court decides to detain the convicted person, he or she is taken to a health center as soon as the sentence is over.

FYI  

Before the regional court of detention, the assistance of a lawyer is obligatory. If the convicted person does not have sufficient financial resources to call on a lawyer, he or she may to apply for legal aid.

Who shall I contact
Challenge to the decision to place a person in detention

The decision to detain may be challenged by the sentenced person before the national court for security detention (JNRSJNRS : National jurisdiction for security detention).

This court is located in the Court of Cassation.

Who shall I contact

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

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

The decision of the JNRSJNRS : National jurisdiction for security detention may be subject to appeal in cassation within 5 days of notification.

During security surveillance

Security detention may be decided when the convicted person is subject to a safety surveillance and that it:

  • Does not meet the obligations of this measure. There is therefore a real risk of recurrence.
  • Or refuses to be placed under an electronic bracelet.
Decision to place a person in detention

Example :

Non-compliance with security surveillance may be characterized when the condemned person refuses to follow a treatment prescribed by a doctor in the context of a injunction for treatment.

Under these conditions, placement may be ordered urgent by the President of the regional security detention court.

This provisional placement must be confirmed within 3 months at the latest following the commencement of the detention order, by the regional security detention court.

If this deadline is not met, the security retention shall automatically terminate.

The JRRSJRRS : Regional jurisdiction for security detention may confirm detention after obtaining the favorable opinion of the multidisciplinary commission on security measures.

She must also have heard, the attorney general, the convicted person and his lawyer during a adversarial debate.

This decision is notified to the person sentenced by:

  • The intermediary of the Director of the penitentiary establishment in which it is located
  • The intermediary of the director of the medical, social and judicial center of security if the convicted person is already detained
  • Letter RARRAR : Recommended with notification of receipt, if the convict is free.

FYI  

Before the regional court of detention, the assistance of a lawyer is obligatory. If the detainee does not have the financial resources to call a lawyer, he can to apply for legal aid.

Who shall I contact
Challenge to the decision to place a person in detention

The detention order may be challenged by the sentenced person before the national court for security detention (JNRSJNRS : National jurisdiction for security detention).

This court is located in the Court of Cassation.

Who shall I contact

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

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

The decision of the JNRSJNRS : National jurisdiction for security detention may be subject to appeal in cassation within 5 free days following its notification.

A person who is subject to a detention order shall be placed in a social-medical-judicial security center.

It is monitored by prison officials and staff of public health institutions (doctors, psychologists, nurses, etc.).

These professionals provide medical, social and psychological care for the convicted person (examples: therapy sessions).

The purpose of this care is to reduce the danger of the person being detained so that the security detention can end.

FYI  

Medical treatment may give rise to the prescription of a libido inhibitory therapy.

From the outset of the detention, the detained person shall be informed of his or her rights.

Rights applicable to all persons detained

During detention, the detained person shall have the right to:

  • Participate in educational or training activities, in the health center or by correspondence
  • To perform a job compatible with his presence at the center
  • To practice cultural, sports or leisure activities
  • Engage in religious or philosophical activities
  • To send or receive correspondence, receive visits and telephone calls every day.

Permissions to leave for a particular reason

Detainees may be allowed to leave the health care center in 2 situations:

  • In case of a serious family event (example: funeral of a parent). In this case, the exit will take place under escort police officer
  • To maintain family ties or to prepare for the end of detention. In this case, the exit can be granted for several days but the person will have to wear an electronic bracelet.

Permission is granted or denied by the application sentencing judge.

That decision may be challenged before the regional security detention court within 5 days of notification.

The decision to place a person in detention shall be valid for a period of time of one year.

It may be renewed for the same period without limitation.

Thus, from year to year, the security detention may be renewed on the decision of the regional security detention court, after consulting the JapJap : Sentencing application Judge and the CPMSCPMS : Multidisciplinary Commission on Security Measures.

Nevertheless, the renewal shall take place only if the conditions which justified its establishment are met.

In principle, security detention shall end when the person detained no longer presents the risks of danger which motivated the use of that measure.

However, security detention may end before the expiry of the period provided if the selected person makes a application for release and that:

  • The Regional Security Detention Court shall accept the application
  • Or that court has not replied to the request within 3 months.

Warning  

The request for release may be made only after a period of 3 months following the final decision detention in security custody. If rejected, the person detained must meet a new 3-month deadline to make another application.

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