Décision 2020-884 QPC - M. Jacques G. [Absence d'obligation légale d'aviser le tuteur ou le curateur d'une personne protégée en cas d'audience devant le juge de l'application des peines], 12-02-2021
Case Outcome | Non conformité totale |
Appeal Number | 2020-884 |
Court | Conseil Constitutionnel (France) |
Docket Number | CSCX2105044S |
ECLI | ECLI:FR:CC:2021:2020.884.QPC |
Official gazette publication | JORF n°0038 du 13 février 2021, texte n° 107 |
Procedure type | QPC |
Record Number | CONSTEXT000043231514 |
Au vu des textes suivants :
- la Constitution ;
- l'ordonnance n° 58-1067 du 7 novembre 1958 portant loi organique sur le Conseil constitutionnel ;
- le code de procédure pénale ;
- la loi n° 2009-1436 du 24 novembre 2009 pénitentiaire ;
- le règlement du 4 février 2010 sur la procédure suivie devant le Conseil constitutionnel pour les questions prioritaires de constitutionnalité ;
Au vu des pièces suivantes :
- les observations présentées pour le requérant par Me Mortet, enregistrées le 15 décembre 2020 ;
- les observations présentées par le Premier ministre, enregistrées le 16 décembre 2020 ;
- les autres pièces produites et jointes au dossier ;
Après avoir entendu Me Mortet, pour le requérant, et M. Philippe Blanc, désigné par le Premier ministre, à l'audience publique du 2 février 2021 ;
Et après avoir entendu le rapporteur ;
LE CONSEIL CONSTITUTIONNEL S'EST FONDÉ SUR CE QUI SUIT :
1. La question prioritaire de constitutionnalité doit être considérée comme portant sur les dispositions applicables au litige à l'occasion duquel elle a été posée. Dès lors, le Conseil constitutionnel est saisi de l'article 712-6 du code de procédure pénale dans sa rédaction résultant de la loi du 24 novembre 2009 mentionnée ci-dessus.
2. L'article 712-6 du code de procédure pénale, dans cette rédaction, prévoit :« Les jugements concernant les mesures de placement à l'extérieur, de semi-liberté, de fractionnement et suspension des peines, de placement sous surveillance électronique et de libération conditionnelle sont rendus, après avis du représentant de l'administration pénitentiaire, à l'issue d'un débat contradictoire tenu en chambre du conseil, au cours duquel le juge de l'application des peines entend les réquisitions du ministère public et les observations du condamné ainsi que, le cas échéant, celles de son avocat. Si le condamné est détenu, ce débat peut se tenir dans l'établissement pénitentiaire. Il...
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