The Principle of Autonomy of Restorative Justice in France: A Normative Imperative to Reconsider?

This article offers a critical analysis of the French normative framework regarding restorative justice, from both a juridical-theoretical and penological perspective. It demonstrates that the 2017 circular’s interpretation of the principle of autonomy as a strict separation between restorative justice and criminal proceedings overlooks the sanctioning potential of restorative agreements, thereby depriving them of any legal effect. This rigid impermeability limits the integration of restorative justice into penal policy and hinders its transformative potential. The study thus examines the coherence, consequences, and legitimacy of this normative choice.