High Magistrates Demand Reforms Amid Backlog of Criminal Cases
- Paris - A report by four high-ranking magistrates and a lawyer has sounded the alarm on the growing backlog of criminal cases awaiting judgment in France, prompting calls...
- The number of unresolved criminal cases has surged from 2,000 to 4,000, according to sources familiar with the report.
- The report suggests that reforms implemented in 2023, specifically concerning professional criminal courts, have failed to alleviate the problem.
French Justice System Faces Case Backlog Crisis, Reform Urged
Paris – A report by four high-ranking magistrates and a lawyer has sounded the alarm on the growing backlog of criminal cases awaiting judgment in France, prompting calls for urgent reform. The report, submitted to Justice minister Gérald Darmanin on March 10, reveals a doubling of pending cases in the last five years.
Criminal Case Delays Plague French Courts
The number of unresolved criminal cases has surged from 2,000 to 4,000, according to sources familiar with the report. this increase underscores critically important challenges within the french judicial system.
The report suggests that reforms implemented in 2023, specifically concerning professional criminal courts, have failed to alleviate the problem. Paris alone has approximately 700 pending cases, while Aix-en-Provence grapples with 400, many of which involve homicides related to drug trafficking in Marseille.
Magistrates Decry “Embolism” and “Denial of Justice”
The report’s authors used stark terms to describe the situation, labeling it “an embolism,” “a tsunami,” and “a denial of justice.”
“We judge the accused in pre-trial detention in priority so as not to have to release them,” one magistrate told France Inter. “But when the accused are free,we can wait six years to judge.”
Proposed Solutions: Citizen Judges and Negotiated Justice
The report proposes several solutions to expedite the judicial process.One key advice involves supplementing the current panel of five magistrates, typically required for trials concerning serious offenses like rape, with qualified citizens who possess some legal knowledge, similar to the structure of children’s courts.
The magistrates also advocate for the introduction of negotiated justice in criminal matters where the facts are not in dispute. Though, they emphasize the need for a formal hearing, rather than a simple approval process as seen in criminal court appearances on prior guilt recognition (CRPC).
Further suggestions include reevaluating the use of popular jurors in organized crime cases and streamlining criminal procedure.
“We certainly know that we cannot hope to settle everything by new means,” one magistrate summarized. Another added, “But we must act, because we’re going to the wall.”
Background: Justice Ministry’s Emergency Missions
The report stems from a request by Didier Migaud, Gérald darmanin’s predecessor, who, on Nov. 20,2024,announced three emergency missions aimed at “refocusing judicial justice on its role,judging within reasonable deadlines,and better executing penalties.”
A dedicated working group, comprised of Jacques Boulard, first president of the Paris Court of Appeal; Franck Rastoul, attorney general at the Aix-en-Provence Court of Appeal; Nathalie Poux, president of the Dijon court; Maryvonne Caillibotte, prosecutor of the Republic near the judicial court of Versailles; and Pascal Rouiller, lawyer at the Barreau d’Angers, was tasked with proposing measures to ensure timely judgments.
