International Journal on Criminology Volume 3, Number 1, Spring 2015 | Page 9
Restorative Justice in the Penal Reform in France
responsible for dealing with them (the “referents”) invite the persons in question to commit
to the process, in order to benefit in their individual journey. These referents are trained to
explain the appropriate restorative justice measure, in a didactic way, thus offering the person
in question the freedom to consent to be directed toward the local SRJR, in full knowledge of
the facts.
The process used by the restorative justice service following this orientation next
involves making contact with the people in question to offer them the chance to participate
in a restorative justice measure. This interview provides the opportunity, if necessary, to
re-explain the process and stakes involved in the measure. Once the parties consent, their
preparation can begin. During this phase (which is the most decisive for the success of the
whole process), the facilitator (and his or her cofacilitator in certain measures) invites those
involved to explain what they expect and need in terms of the response to the crime committed/
suffered. It is also a chance to check their motivations, their capacity to fully commit to the
process, and their psychological aptitude to benefit from it. Several individual interviews are
generally required. The participants are encouraged to envisage the best end solution to their
problem. Similarly, it is during these preliminary individual interviews (which may take place
in separate groups, as is the case with victims offenders encounters) that a consensus must be
reached about the practical modalities of the future meeting. The participants must be helped
to imagine the meeting, prepare for it, and anticipate difficult moments, particularly with
regard to expressing each party’s strong emotions. The decision making about the frameworks
and practicalities of the meeting (times, room availability, distribution of speaking time)
makes everything much more concrete. The participants progressively grasp the process, by
beginning to occupy a position as actors in the envisaged meeting.
The meeting takes place when the coordinators and/or facilitators of the measure
think that the conditions for the physical and psychological safety of the persons involved
have been satisfied, with everyone free to leave the restorative process at any point. After a
reminder of the objectives of the chosen measure, they invite participants to speak about
the circumstances that led to the conflict associated with the criminal act, its repercussions
for each of their lives, their related feelings and emotions, and the best ways to remedy the
situation. Depending on the measure, a restorative agreement may be made, either in
writing or more informally, setting out everyone’s commitments with a view to repairing
the repercussions of the crime on all involved (if necessary after consulting their respective
advisors). Finally, those leading or facilitating the measure are in charge of following up
on everyone’s commitments. The closure of the meeting, formal or otherwise, allows the
participants to mark the end of the restorative process and assess its effects on their respective
lives as a whole.
3 - The Strengthening of Victim Rights to a Restorative Justice Measure
The Law of August 15, 2014 gives a remarkable role to the victim of the infraction
and/or his or her significant others. As already emphasized, any sentence must respect “the
interests of the victim” (article 130-1 C.pén.). Article 10-1 C.pr.pén. created an innovative
measure “in any criminal procedure and at all stages of the procedure, including the execution
of the sentence,” by offering the protagonists of the crime (both perpetrators and victims)
recourse to a restorative justice measure.
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