Juvenile offender: limitations of liberty before sentencing

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

Prosecutions initiated before 30 September 2021

Published on 30 September 2021

The prosecution front 30 september 2021 will run until their end according to the rules prior to the entry into force of the juvenile criminal justice code.

However, the new rules on educational measures and measures restricting freedom they shall apply from 30 september 2021.

From the beginning of the investigation until the trial, a minor ofat least 13 years may be subject to various measures that limit his freedom. These may be a series of obligations and/or prohibitions (judicial review), an obligation to remain in a specified place with fixed electronic surveillance (house arrest). The minor may also be subject to a temporary judicial educational measure or be temporarily placed in an appropriate prison (pretrial detention).

The implementation of these measures security or detention orders vary according to the age of the minor. Their objectives are to ensure that the investigation proceeds smoothly and that he is present at his trial. Adults responsible for the minor (parents, guardian, appropriate adult) are systematically informed.

13 to 16 years

The judge who decides to limit the minor's freedom duty inform him of his rights during the proceedings.

This information must also be given to his parents if they are known or his legal representatives (e.g. guardian, guardian), in the same way as all decisions taken with regard to the minor. In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.

In such cases, the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the magistrate may appoint one.

Between the ages of 13 and 16, a minor may be subject to a series of obligations and/or prohibitions. We're talking about judicial review.

The objectives of this measure are to:

  • Establish a binding follow-up for the minor
  • Verify its presence in a geographical area

Judicial review is established when the minor is at risk of a criminal penalty or one of the following prison sentences:

  • Over or equal to 7 years
  • Over or equal to 5 years, if the minor has already been the subject of an educational measure, a judicial investigative educational measure, a measure securityor a conviction or sentence imposed in another proceeding and which has resulted in a report less than one year old
  • 5 years or older, if the minor is prosecuted for willful violence, sexual assault, or offense committed with the aggravating circumstance of violence

The set of obligations and/or prohibitions is set by a specialized judge (juvenile judge, investigative judge, liberty and detention judge) or by the juvenile court.

The procedure is the same as for a major.

In addition to the minor concerned and his lawyer, the adults responsible for him or chosen to accompany him or her are also summoned by the judge. They must be associated with the procedure.

The judge may impose certain obligations and/or prohibitions on the minor. In particular:

  • Respond to educational services summonses
  • Inform the judge of any movement beyond the specified limits
  • Prohibition of publication in certain places
  • Prohibition on meeting certain persons

In the event of non-compliance with the obligations imposed on him, the minor may be temporarily placed in adapted prison (pretrial detention). He may also be placed in a closed educational center, if this obligation has not already been pronounced.

Please note

a minor under the age of 16 may not be obliged to stay in a specific place (house arrest with electronic surveillance). However, he may be subject to an obligation not to be absent from his home, under conditions and for reasons determined by the judge. This stay-at-home requirement cannot be coupled with electronic monitoring.

In addition to judicial review, the judge may add a Provisional Judicial Educational Measure (PJEM). In particular, it may order the following measures:

  • Prohibition of travel to certain places
  • Prohibition of contact with victims
  • Curfew

The Mejp is exercised until the judgment of the minor or on guilt if it was ordered during the deferralor on the penalty if it was ordered during the period of the educational probation.

Who can make the decision?

The minor may be temporarily detained by:

  • the Judge of Liberties and Detention (seised by the Juvenile Judge or the Investigating Judge),
  • the children's court,
  • or the juvenile judge, onlyduring the period of educational probation.

The imprisonment of a minor shall be exceptional. It must intervene when other measures are not sufficient. The judge must therefore find that the supervision of the presence of the minor in a geographical area (judicial supervision), or placement in a closed educational center, is insufficient.

The minor will be imprisoned in a special area of the prison (remand center or specialized juvenile prison).

For what reasons?

Temporary imprisonment can only be granted in two situations:

  • Minors do not comply with their obligations and/or prohibitions (judicial review) which have been fixed by the judge and the reminder or aggravation of those obligations is not sufficient
  • The minor is suspected of a crime

Procedure

If imprisonment is envisaged, the education service at the court (Seat) duty must be consulted and must draw up a detailed report.

Before making his decision, the judge considers the report and then hears during a debate the public prosecutor, the minor and his lawyer.

Duration of the measure

The minor may be detained pending trial, during the investigation and/or during the investigation.

If the minor is temporarily placed in prison before the guilty review hearing or the one-off hearing, the duration shall be limited to 1 month.

In the context of a police investigation or an investigation entrusted to a judge, the duration of temporary placement in prison varies according to the penalty incurred:

  • If suspected of offense, the minor may, under investigation, be temporarily imprisoned in prison:
    • If the risky sentence is less than 10 years, the temporary placement in prison lasts 15 days and may be extended up to Maximum 30 days.
    • If the risky sentence is 10 years, the temporary placement in prison lasts 1 month and may be extended up to Maximum 2 months.
  • If suspected of crime, the minor may, under investigationbe temporarily imprisoned for a period of 6 months which may be extended up to Maximum 1 year.

At the end of the training, the minor may be temporarily imprisoned for a period of:

  • 2 months with a possible extension up to 3 months, if suspected of offense
  • 2 months with possible extensions up to 6 months, if suspected of crime

16 to 18 years

The judge who decides to limit the minor's freedom duty inform him of his rights during the proceedings.

This information must also be given to his parents if they are known or to his legal representatives (for example, guardian, guardian), in the same way as all decisions taken in respect of the minor. In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.

In such cases, the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the magistrate may appoint one.

From the age of 16, a minor may be subject to a series of obligations and/or prohibitions. We're talking about judicial review.

The objectives of this measure are to:

  • Establish a binding follow-up for the minor
  • Verify its presence in a geographical area

Judicial control is put in place when the minor faces prison.

This set of obligations and/or prohibitions is set by a specialized judge (the children's judge, investigating judge, liberty and detention judge) or by the children's court.

The procedure is the same as for a major.

In addition to the minor concerned and his lawyer, the adults responsible for him or chosen to accompany him or her are also summoned by the judge. They must be associated with the procedure.

The judge may impose certain obligations and/or prohibitions on the minor. In particular:

  • Respond to educational services summonses
  • Inform the judge of any movement beyond the specified limits
  • Prohibition of publication in certain places
  • Prohibition on meeting certain persons

In the event of non-compliance with the obligations imposed on him, the minor may be temporarily placed in adapted prison (pretrial detention). He may also be placed in a closed educational center, if this obligation has not already been pronounced.

From the age of 16, a specialized judge (children's judge) may directly oblige the minor to remain in a specified place (house arrest) with fixed electronic monitoring, if at risk at least 3 years of prison.

The procedure is the same as for an adult.

This obligation consists in staying at home or in a fixed residence and only taking leave under certain conditions and for certain reasons determined by the judge.

In addition to judicial review, or house arrest, the judge may add a Provisional Judicial Educational Measure (PJEM). In particular, it may order the following measures:

  • Prohibition of travel to certain places
  • Prohibition of contact with victims
  • Curfew

The Mejp is exercised until the judgment of the minor or on guilt if it was ordered during the deferralor on the penalty if it was ordered during the period of the educational probation.

Who can make the decision?

The minor may be temporarily detained (pretrial detention)

  • by the Judge of Liberties and Detention (seised by the Juvenile Judge or the Investigating Judge),
  • by the juvenile judge, onlyduring the period of educational probation,
  • or by the children's court.

Imprisonment of a minor must be exceptional. Intervene when other measures are not sufficient. The judge must therefore find that the monitoring of the presence of the minor in a geographical area (judicial review), placement in a closed educational center or the obligation to remain in a specific place (house arrest) are insufficient.

The minor will be imprisoned in a special area of the prison (a remand center or a specialized juvenile prison).

For what reasons?

The minor may be temporarily imprisoned (pretrial detention(b) if he is liable to one of the following penalties:

  • Prison sentence for crime
  • Prison sentence of 3 years or more for one offense

The minor may also be placed in prison temporarily in the event of non-compliance with the set of obligations and/or prohibitions (judicial review) or the obligation to stay at home, fixed by the judge regardless of the sentence he or she may face.

Procedure

If imprisonment is envisaged, the education service of the court (Seat) must be consulted and must draw up a detailed report.

Before making his decision, the judge considers the report and then hears the prosecutor, the minor and his lawyer during a debate.

Duration of the measure

The minor may be detained pending trial, during the investigation and/or during the investigation.

If the minor is temporarily placed in prison before the guilt hearing or the one-off hearing, its duration is limited to 1 month.

In the context of a police investigation or an investigation entrusted to a judge, the duration of temporary placement in prison varies according to the penalty incurred:

  • If suspected of offense, the minor may, under investigationshall be temporarily imprisoned for a period of:
    • 1 month which may be extended up to Maximum 2 months, if the penalty is less than 7 years in prison,
    • 4 months which may be extended up to Maximum 1 year, if the sentence he faces exceeds seven years in prison.
  • If suspected of crime, the minor may, under investigationbe temporarily imprisoned for a first period ofMaximum 1 year which may be extended by two periods of Maximum 6 months each.
    The duration can be as long as 3 years in the case of terrorism.

At the end of the training, the minor may be temporarily detained in prison:

  • if suspected of offense, 2 months which may be extended up to 4 months maximum,
  • if suspected of crime, the duration may not exceed 1 year, the deadline by which the minor is to be brought before the court of assize.