Le juge, le médecin et le détenu. Regard critique sur la suspension de peine pour raison médicale

Abstract

The purpose of the article is to give a critical view of the “suspension médicale” (a kind of compassionate release), which is often considered as a “humanist” law. Based on a research conducted on the experience of prisoners at the end of their lives, it appeared that many more or less objective criteria are involved in the decision-making process. In this context, physicians and magistrates try to articulate their actions according to expertise. The decision of granting or refusal also depends on the perception of the prisoner's personality. The application of the law thus reflects the tensions and alliances between medicine and justice in the treatment of a deviant and vulnerable population.