“To be sentenced to a TIG, the defendant must agree”

Who is community service for and in what context can it be pronounced?

Roxana MOISE, sentence enforcement judge in Thionville : “Community service can be pronounced from the age of 16, as a main penalty or as part of the obligations of a probationary stay. Even if the defendant is a repeat offender. The TIG can also be pronounced in adjustment of sentence after the hearing. It is aimed in particular at people far from employment, without training. The defendant must agree. At least, the law specifies more subtly that he must not refuse the sanction for it to be applied. »

What role does the sentencing judge play?

“The sentence enforcement judge has the option of converting a firm prison sentence into community service provided that the sentence pronounced by the court is less than six months. It then remains to determine the quantum of the TIG, to assess it according to the seriousness of the facts. As an example, I usually set three to four weeks of community service. It is also a way to ensure that it will be carried out. Moreover, if the TIG is given as the main sentence, the JAP can also convert it into a day-fine according to the profile of the defendant. »

What risks does the defendant take who does not respect his TIG?

“An integration and probation counselor is responsible for monitoring. If an incident occurs during a TIG, the file comes back to my desk. Either the court had provided for another sentence to be applied in the event of non-execution, or new legal proceedings are initiated, because the failure to execute a TIG is an offense in its own right. And if the sentencing judge had arranged the prison by a TIG, this arrangement is no longer valid. »

2023-06-06 03:00:00

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