Criminal law has always been synonymous with punishment. However, the evolution of its conception has made it possible to extend its prerogatives to the prevention of recidivism and the reparation of damage caused by offences.
The incorporation of alternative measures to prosecution into Monegasque criminal law now provides judges with new means of personalisation according to the situation and personality of the offenders.
These measures to repair the damage caused by the person and/or to hold the perpetrators of offences accountable are also an alternative to a trial that could prove to be long, costly and difficult.
Prerequisites for the implementation of an alternative measure to prosecution
It is up to the Public Prosecutor to choose whether to implement an alternative measure to prosecution, prior to their decision on public prosecution.
These measures are applicable only in the event of a contravention and an offence, if it appears that they are likely to:
- ensure compensation for the damage caused to the victim;
- put an end to the disturbance resulting from the offence; or
- contribute to the rehabilitation of the perpetrator.
Some of these measures require the consent of the perpetrator as well as the agreement of the victim. The perpetrator has the possibility of refusing the measure proposed to them by the Public Prosecutor. They are then exposed to prosecution being initiated against them.
Diversified measures
Article 34-1 of the Monegasque Code of Criminal Procedure provides for the following measures as an alternative to prosecution:
- Reminder of the obligations resulting from the law,
- Referral of the perpetrator to a health, social or professional
structure, so that he or she can carry out, at his or her own
expense:
- treatment or care (including consultation with a psychiatrist or psychologist),
- an internship or a training in connection with the offence committed,
- The regularization of his or her situation with regard to the law or regulations (such as the handing over to the State of the thing that was used or intended to be used to commit the offence or that was the product of it),
- Compensation for damage resulting from the facts (restoration of the premises or damaged property, payment of a sum of money, etc.),
- Mediation, at the request or with the agreement of the victim of the facts,
- Prohibition from appearing in one or more specific places in which the offence was committed or in which the victim resides,
- The prohibition to meet, or to enter into contact by any means whatsoever with the victim(s) of the offence, the co-perpetrator(s) or possible accomplice(s) or any person who has incited or provoked the commission of the offence.
Minors aged 13 or over may also be subject to the above-mentioned measures, some of which require the agreement of their legal representative(s). The latter, duly summoned, are liable to a fine of up to 1,000 euros if they fail to respond to the summons.
Specific measures for minors can also be put in place:
- Proof of attendance at education or vocational training,
- The prohibition to leave the home at specific times, without the presence of a legal representative or the practice of a supervised associative, sporting or cultural activity,
- Reparation to the victim or in the interest of the community (subject to the agreement of the minor, his or her legal representative(s), and the victim if the measure concerns him/her).
The suspension of the statute of limitations for public action as a guarantee of the measure
The statute of limitations for prosecution is suspended for the duration of the alternative measure to prosecution set by the Public Prosecutor.
Thus, if the measure is not carried out, the Public Prosecutor, unless there is evidence to the contrary, initiates proceedings.
The Public Prosecutor will also initiate proceedings if the perpetrator repeats the offence that led to the application of a measure provided for in article 34-1 of the Code of Criminal Procedure.
While alternative measures to prosecution may make it possible to avoid a long and costly trial, it is nevertheless necessary to assess precisely the conditions and consequences before agreeing to them.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.