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In early January, the Head of State announced the generalization of fixed fines for all offenses punishable by sentences of less than one year in prison. Since September 2020, they apply to drug users. There were nearly 130,000. Are they effective?
No more custody, no more hearing. Since September 2020, adult drug users who are not repeat offenders and who recognize the offense are punished with a simple electronic report and a fine of 200 euros is sent to their home, 450 euros if it is paid late. This is the tort fixed fine (AFD). Until then, only legal proceedings could be initiated. The procedure, long, required the police 1 million hours of work each year, the equivalent of 600 jobs. However, in 65% of cases, they only led to a reminder of the law.
“One of AFD’s objectives is first of all to try to change behavior by increasing the probability, even the certainty, of being punished for consuming narcotics”, explains Philippe Astruc, public prosecutor of Rennes (Brittany). If the measure aims to type immediately in the wallet of consumers, nearly 40% of fines are not recovered. Some magistrates denounce a counter-productive measure. To date, no study shows any effect of the fine on drug use. The French remain the biggest consumers in Europe.