“This is not a punishment”: educational work, a new legal measure for children from 13 to 16 years old

What should we do with the minors arrested during last year’s riots? That’s the question the government is trying to answer following the uprisings that followed Nael’s death last summer and affected many cities across the country.

The day after the general political speech of Gabriel Attal, in which the latter announced the creation of the measure “Works on educational interests” (TIE), specifically intended for minors under 16 years of age and inspired by “Works on general interests” (TIG), the office clarified its contours. Wednesday morning.

“This is an educational measure”

It is therefore a judicial measure under the jurisdiction of the Ministry of Justice and not a disciplinary action which would fall under the jurisdiction of the Ministry of National Education. “This is an educational measure,” the Ministry of Justice explains, “it is not a punishment, and it can be prescribed, for example, either by the prosecutor’s office as an alternative to criminal prosecution, or by a children’s judge. »

This work of educational interest will specifically address minors between the ages of 13 and 16. It will consist of educational monitoring with lessons and awareness raising on justice and citizenship issues, may include training modules and will be carried out with associations or local communities.

However, this TIE measurement still needs clarification. Neither the offenses that could justify its declaration nor the minimum and maximum number of hours have yet been determined, although it appears that the duration will undoubtedly be limited to three months. What is certain is that this TIE will need to be integrated into the Juvenile Justice Code as well as the Criminal Procedure Code. It will be included in a bill expected to be presented to parliament in the first half of this year.

“If you break it, you fix it. You are dirty, you are clean”

In his address to MPs on Tuesday, the Prime Minister announced the creation of this TIE according to the following formula: “If you break it, you fix it. You are dirty, you are clean. You challenge authority, you learn to respect it.” He recalled the context that led to its birth: “The violence of last July had a profound impact on our country. Among the rioters were young people, sometimes very young, who seemed to have broken ties with our society. (…) We must have appropriate sanctions for minors under 16 years of age. For them, we cannot impose a punishment in the form of community service. I announce to you that we will create works of educational interest that will be their equivalents. »

Let us remind you that TIG (community service) can be assigned to minors aged 16 to 18 years and adults. This is an alternative sentence to imprisonment by performing unpaid work for a maximum of 200 hours.