Juvenile delinquent: conduct of the trial before the court (former procedure)

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

Juveniles prosecuted in criminal matters are tried by specialized courts. For a case related to certain contraventions or a offense whatever the case, the minor may be tried by the juvenile judge or by the juvenile court. For a case related to a crimethe minor may also be tried by the juvenile court if he is under 16 years of age, or by the court of assize if he is over 16 years of age. Adults responsible for the minor must be involved in the procedure.

Between 10 and 16 years

The Children's Court has jurisdiction to hear cases relating to a fifth-class ticket or to a offense or to a crime.

In some cases, cases related to contraventions of 5eme class and offenses (the least serious) are dealt with directly by the juvenile court judge.

FYI  

the first four classes are tried by the police court.

By a judge

  • In case of fifth-class ticket or offense, the juvenile court may be seised by the juvenile judge.
  • In the event of a contravention of 5eme class, offense or crime, the children's court may be seised by the investigating judge (attached to the children's court).

By the prosecutor

The children's court may also be seised by the public prosecutor. If he wishes the juvenile to be tried promptly, the public prosecutor may use a special procedure: the immediate presentation procedure.

This procedure allows you to immediately restrict the minor's freedom. The prosecutor may ask the juvenile judge to subject the minor to a series of obligations and/or prohibitions, the purpose of which is to check his presence in a geographical area (we speak of judicial review).

However, this procedure applies only if the facts are clear and the minor's personality is well known.

Moreover, this procedure can only be used when the minor, aged between 13 and 16, is accused of having committed an offense punishable byat least Five years in prison.

The prosecutor receives the minor with his lawyer and indicates the facts of which he is accused. He informs him that he is being sent to the juvenile court for trial, and informs him of the date and time of the hearing.

The hearing shall be set in 10 free days at 2 months based on that information.

The minor may agree to appear before the 10-day period if his or her lawyer or legal representatives do not object.

Please note

to consider that the minor's personality is well known and that the facts are clear, the public prosecutor is based on the single personality file, which brings together everything that the judiciary knows about the minor.

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.

Composition of the court

The court is composed of a president of the court, who is in principle a children's judge, and 2 assessors, non-judges specializing in children's issues

The business (the State) is represented by a substitute prosecutor in charge of minors.

Right to counsel

The minor must be assisted by a lawyer.

If the minor or his or her legal representatives (e.g. his or her parents) do not appoint one, the public prosecutor, the juvenile judge or the investigating judge must ask the bastler appoint one.

Public attendance at the hearing

Discussions shall take place in restricted advertising, that is, with the public.

In this case, some persons, such as representatives of the educational services who follow the minor, may attend the hearing.

Immediate decision

The court can make its decision immediately after the trial. Thus, at the end of the proceedings, he decides whether or not the minor is guilty.

If he is found guilty, he pronounces a sentence. The possible convictions depend on the age of the minor.

If he is found not guilty, he is acquitted.

The decision, in order to be considered immediate, must be given within the maximum period of1 month.

Adjournment

While finding the minor guilty, the court may also wait before making a decision: adjournment.

The adjournment thus allows the decision to be postponed to a later hearing.

The decision must be taken within a period of 6 to 12 months which follows the adjournment.

Adjournment is ordered when the following 3 conditions are met:

  • The culprit is being reclassified (i.e. the behavior of the minor must have evolved positively since the time of the offense)
  • The damage caused is being repaired
  • The disorder resulting from the offense is about to end

This procedure may also be applied where the court considers that the minor's personality is in a position to evolve (or that a further investigation into the minor's personality is necessary).

In the event of an adjournment, the juvenile court may order one of the following:

Procedures for contesting the judgment by means of the opposition or the call are the same as those valid for adults.

After 16 years

The Children's Court shall have jurisdiction to deal with cases relating to fifth class ticket or to a offense.

In some cases, cases related to contraventions of 5eme class and offenses (the least serious) are dealt with directly by the juvenile court judge.

The Children's Court is not competent to deal with crimes which are tried by the juvenile court.

FYI  

the first four classes are tried by the police court.

By a judge

The children's court may be seized by the children's judge or the investigating judge attached to the children's court in the event of a contravention of 5eme class or offense.

By the prosecutor

The children's court may also be seised by the public prosecutor. If he wishes the juvenile to be tried promptly, the public prosecutor may use a special procedure: the immediate presentation procedure.

In addition, this procedure enables immediately restrict the minor's freedom. The prosecutor may ask the juvenile judge to order one of the following measures:

  • Subject the minor to a series of obligations and/or prohibitions, the purpose of which is to verify his presence in a geographical area (we speak of judicial review)
  • Obliging the minor to remain in a specified place (house arrest)
  • Temporarily detain the minor

However, this procedure applies only if the facts are clear and the minor's personality is well known. Moreover, this procedure can only be used when the minor is accused of having committed an offense punishable by at least 3 years' imprisonment.

The prosecutor receives the minor with his lawyer and indicates the facts of which he is accused. He informs him that he is being sent to the juvenile court for trial, and informs him of the date and time of the hearing.

The hearing shall be set in 10 free days at 2 months based on that information.

The minor may agree to appear before the 10-day period if his or her lawyer or parents do not object.

Please note

to consider that the minor's personality is well known and that the facts are clear, the public prosecutor is based on the single personality file, which brings together everything that the judiciary knows about the juvenile

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.

Composition of the court

The court is composed of a president of the court, who is in principle a children's judge, and 2 assessors, non-judges specializing in children's issues

The business (the State) is represented by a substitute prosecutor in charge of minors.

Right to counsel

The minor must be assisted by a lawyer.

If the minor or his or her legal representatives (e.g. his or her parents) do not appoint one, the public prosecutor, the juvenile judge or the investigating judge must ask the president of the bar to name one.

Public attendance at the hearing

Discussions shall take place in restricted advertising, that is, with the public.

In this case, some persons, such as representatives of the educational services who follow the minor, may attend the hearing.

Immediate decision

The court can make its decision immediately after the trial. Thus, at the end of the proceedings, he decides whether or not the minor is guilty.

If he is found guilty, he pronounces a sentence. The possible convictions depend on the age of the minor.

If he is found not guilty, he is acquitted.

The decision, in order to be considered immediate, must be given within a maximum period of one month.

Adjournment

While finding the minor guilty, the court may also wait before making a decision: adjournment.

The adjournment thus allows the decision to be postponed to a later hearing.

The decision must be taken within a period of 6 to 12 months which follows the adjournment.

Adjournment is ordered when the following 3 conditions are met:

  • The culprit is being reclassified (i.e. the behavior of the minor must have evolved positively since the time of the offense)
  • The damage caused is being repaired
  • The disorder resulting from the offense is about to end

This procedure may also be applied where the court considers that the minor's personality is in a position to evolve (or that a further investigation into the minor's personality is necessary).

In the event of an adjournment, the juvenile court may order one of the following:

Procedures for contesting the judgment by means of the opposition or the call are identical to those valid for adults.