This note is based on two observations. Firstly, there is a considerable gap between the maximum sentences laid down in the Criminal Code and the penalties actually imposed by the courts. Secondly, there have been numerous reforms amending the penalties set out in the Criminal Code, most of which have made them more severe. Do these reforms influence sentencing practices? The authors show that the vast majority of changes target offences that are rarely or never used and therefore have no effect on verdicts. Furthermore, reforms targeting more frequently used crimes and offences do not, in practice, influence court decisions. There is therefore a growing disconnect between the Criminal Code and criminal justice practices, contributing to a perception that the judicial system is too lenient. There are two options for reducing this gap: lowering the prescribed maximum sentences, or increasing actual sentences to bring them closer to the maximum. We show that the second option would result in a considerable increase in the incarceration rate and in the cost of the criminal justice system to the public purse.
Criminal inflation and court rulings
This paper examines the impact of criminal justice policies on court rulings and on reoffending.
Reference IPP Policy Brief No. 99
Presentation
Key Results
- Sentences handed down for misdemeanours amount on average to 8 per cent of the maximum penalty provided for in the Criminal Code, compared with 45 per cent for crimes.
- The numerous reforms to the Criminal Code, whilst increasing the potential sentences, have had no impact on court rulings.
- This merely widens the significant gap between the possible sentences and those actually imposed, raising issues regarding understanding of the law and deterrence.
- Reducing this gap by increasing the sentences imposed would lead to extraordinarily high incarceration rates, even assuming significant deterrent effects.
- Apart from the social consequences of such a change, it would entail unsustainable expenditure for the public purse: the prison service’s current budget would have to increase by at least 12 billion euros, and the necessary investment would amount to between 60 and 100 billion euros.
Method and Data
Sentences for crimes or offences handed down in France are recorded in the national criminal record and compiled into a statistical database by the Sub-Directorate for Statistics and Research at the Ministry of Justice.
