Juvenile offender: conduct of the investigation by a specialized judge (former procedure)

Verified 17 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)

When a minor is prosecuted by the courts, an investigation is conducted by a specialized judge under the authority of the public prosecutor. Depending on the seriousness of the facts, it is either the juvenile judge or the investigating judge. During the investigation, the adults responsible for the minor must be involved in the procedure. The judge may restrict the minor's liberty according to his or her age. At the end of the investigation, the judge may decide whether or not to refer the minor to a court.

The investigation is a phase during which a specialized judge (children's judge, investigative judge) conducts an investigation (investigation) to gather evidence from the commission or not of a offense or a crime.

Before age 16

When a minor under the age of 16 is under investigation, two judges may intervene:

  • The children's judge for a fifth-class ticket or a offense
  • The investigating judge for a fifth-class ticket, one offense or a crime, and particularly in cases also involving a major

It's the public prosecutor who shall appoint the competent magistrate.

Information concerning the investigation conducted by the public prosecutor or the investigation, conducted by a specialized judge, must also be given to the minor.

They must also be communicated to the adults responsible for him (e.g. his parents), if known.

In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.

In these cases (unknown parents, protection of the child and proper conduct of the investigation), the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult.

If he chooses none, the magistrate duty designate one.

Whichever judge is seised, if he considers that there are serious indications that the minor is implicated in the facts, he may put it under examination.

The judge must ensure that the minor has a lawyer. If not, he shall appoint one ex officio.

The judge then conducts an investigation into the facts using the tools available to the court (hearing of the minor and witnesses, searches, expert opinions, telephone tapping...).

The judge may also request an inquiry into the minor's personality. Social, family, and psychologic evaluations may be done.

This personality survey will be recorded in a dedicated folder available to the judge. It may be supplemented by investigations carried out in other cases involving the minor.

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Minor under 13 years

During the investigation, the judge may only take the following measures against the minor:

  • order him to make good the act he has committed (remedy criminal),
  • Entrust it to an educational placement institution

Between the ages of 13 and 16

During the investigation, the judge may take the following measures against a minor:

  • order him to make good the act he has committed (remedy criminal law)
  • Place it in supervised freedom
  • entrust it to an educational placement institution or to a closed educational center
  • Subjecting him to a series of obligations and/or prohibitions (judicial review)
  • Temporarily detain him

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The judge considers that the minor should not be prosecuted

The judge makes a dismissal order. That's the end of the matter.

The personality investigation carried out will remain in his file and may be consulted by another judge if a new investigation is opened.

The judge considers that the minor should be referred to a court

For a light ticket

If it is a contravention of 1st to 4th class, the minor is directly summoned by the public prosecutor (public prosecutor’s office) and referred to the police court.

For a fifth-class ticket or a felony

The case shall be decided by the children's judge or the children's court.

If an investigative judge conducted the investigation, he would refer the case to the children's judge.

For a crime

The minor is sent back to the children's court.

After 16 years

When a minor, over 16 years of age, is investigated, two judges may intervene:

Children's judge in a case related to a fifth-class ticket or to a offense.

The investigative judge in a case involving a 5-year ticketeme class, a crime or a crime, and particularly in cases involving also a major.

It's the public prosecutor who shall appoint the competent magistrate.

Information concerning the investigation conducted by the public prosecutor or the investigation, conducted by a specialized judge, must also be given to the minor.

They must also be communicated to the adults responsible for him (e.g. his parents), if known.

In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.

In these cases (unknown parents, protection of the child and proper conduct of the investigation), the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult.

If he chooses none, the magistrate duty designate one.

Regardless of the judge seised, if he considers that there are serious indications that the minor is implicated in the facts, he may put it under examination.

The judge must ensure that the minor has a lawyer. If not, he shall appoint one ex officio.

The judge then conducts an investigation of the facts using the tools at the disposal of the court (hearing of the minor and witnesses, searches, expert opinions, telephone tapping, ...).

The judge may also request an inquiry into the minor's personality. Social, family, and psychologic evaluations may be done.

This personality survey will be recorded in a dedicated folder available to the judge. It may be supplemented by investigations carried out in other cases involving the minor.

During the investigation, the judge may take the following measures against the minor:

  • Place it in supervised freedom
  • order him to make good the act he has committed (remedy criminal law)
  • entrust it to an educational placement institution or to a closed educational center
  • make it subject to a series of obligations and/or prohibitions (judicial review)
  • Make him stay at home (house arrest with electronic monitoring)
  • Temporarily place it in pretrial detention

Répondez aux questions successives et les réponses s’afficheront automatiquement

The judge considers that the minor should not be prosecuted

The judge makes a dismissal order. That's the end of the matter.

The personality investigation carried out will remain in his file and may be consulted by another judge if a new investigation is opened.

The judge shall refer the minor to a court

For a light ticket

If it is a contravention of 1st to 4th class, the minor is summoned directly by the public prosecutor (public prosecutor’s office) and referred to the police court.

For a 5th class ticket or a misdemeanor

The case shall be decided by the children's judge only if the penalty is less than 7 years in prison or the juvenile court.

If the investigating judge is responsible for the investigation, he or she refers the case to the children's judge.

For a crime

The minor is sent back to the juvenile court.