International Journal on Criminology Volume 1, Number 1, Fall 2013 | Página 38

Demographic Analysis of the Penal System
forfeiture or restriction of rights, as indicated in article 131-14 of the Penal Code. Since
the new penal code was adopted on March 1, 1994, penalties entailing the deprivation of
liberty can no longer be applied to fifth-class petty offenses.
Of the 603,994 convictions registered in the criminal records in 2011, there were 2,529
felonies (0.4%), 560,259 misdemeanors (93%), and 41,206 fifth-class petty offenses
(6.8%). Of the felonies, 50% of the convictions involved incidents of rape. As for
misdemeanors, drunk driving was the most prevalent (22%), followed by intentional
assault and battery with temporary interruption of work (TIW) for eight days or less, with
aggravating circumstances (8%). Fifth-class petty offenses primarily consist of incidents
of excessive speeding (35%) and intentional assault and battery with TIW for eight days
or less (22%). 4
MULTIPLE OFFENSES: A prison sentence may be linked to multiple cases, and each
case could originate from a different offense. However, even within a single case, there
might also be several indictable or punishable offenses. A conviction, for example, might
include rape, threat of death, and robbery. If, when looking at a group of convictions, the
aim is to determine the statistical distribution according to the type of punishable
offenses, it is tempting to try to simplify things by basing the analysis on the concept of
primary offense. In a certain number of cases, the definition is straightforward. If the
conviction involves a felony and misdemeanors, the felony would be designated as the
primary offense. In the case of several felonies (or several misdemeanors), the felony (or
the misdemeanor) with the heaviest sentence, as defined by the penal code, would be
designated as the primary offense.
Example 1. Rape (punishable by 15 years imprisonment, art. 222-23 of the Penal
Code) and robbery (3 years imprisonment and 45,000 euros, art. 311-3). Primary offense
= rape.
Example 2. Death threat with an order to fulfill a condition (punished by 5 years'
imprisonment and 75,000 euros, art 22-18) and robbery. Primary offense = threat of death
with an order to fulfill a condition.
But this approach has its limits.
Example 3. Death threat (3 years' imprisonment and 45,000 euros, art. 222-17) and
robbery. Primary offense = ?
The rationale may be that harm done to individuals outweighs harm targeted at goods.
It is also possible to have felonies (or misdemeanors) of the same type with similar
sentences. Thus, when looking at two offenses, it is not always possible to determine
which one is more serious than the other, based solely on the prescribed sentence.
According to statistical sources and studies, this problem can be resolved in a practical
way, and the primary offense can be determined on the basis of which offense is
mentioned first in the concerned document (committal document, memorial of judgment,
etc.).
PENAL CATEGORY: At a period t, the prison population comprises defendants and
inmates. An inmate is an incarcerated individual who has been convicted and received a
final ruling: the person must have exhausted his/her judicial remedies (appeal and crossappeal).
However, the additional appeal time available to the prosecution is not taken into
account. A distinction is also made between inmates serving a sentence of imprisonment
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4 O. Timbart, Les condamnations, année 2011. Secrétariat général du Ministère de la Justice et des
Libertés (Paris: SDSE, 2013).
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