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Juvenile offender: measures and penalties
Verified 17 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Act prohibited by law and punishable by criminal penalties
A solemn reprimand issued by the juvenile judge to a juvenile offender. Since 1er in october 2021, the admonition merged with other measures (such as parenting) to form one, called the judicial warning.
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.
A juvenile offender is mainly at risk of being punished by a educational measure rather than a penalty (fine, community service, prison). Because he is under 18 years old, age of penal majority, its liability is mitigated compared to a major. If the minor is under the age of 13, the law considers that the minor is not capable of discernment. Thus, the juvenile's punishment is based on his or her age and situation.
What applies to you ?
Before age 13
A distinction must be made between criminal responsibility and criminal majority.
The criminal liability is the age at which a minor may be convicted of a crime infringement.
The law provides that criminal liability of a minor may be incurred from 13 years.
Below this age, the law considers that a minor does not have the capacity to understand the consequences of his or her actions (discernment). As a result, he cannot be found guilty of an offense.
The criminal majority is the age at which the offender is considered an adult and is not entitled to the minority excuse (i.e. the softening of the sentence). The penal majority shall be 18 years.
In practice, any minor may be held accountable before the courts and brought before a judge. The judge assesses whether the minor has acted with discernment and whether he or she may be subject to criminal prosecution.
However, under the age of 18, the offender cannot be punished as an adult. Nor can he be tried by an ordinary court (e.g. court). It reports to the juvenile court or a juvenile court (juvenile court). The penalties and measures applicable depend on the age of the child.
FYI
parents are civil officials the mistakes of their minor child. The compensation of the victim will be at their expense. However, in some cases, State responsibility may be assumed by the victims instead of that of the minor's parents.
In principle, a minor under 13 years of age cannot be prosecuted. The law assumes that he is not in a position to assess a situation accurately. We're talking about presumption of indiscriminacy.
In order for the prosecutor to take an alternative measure to the prosecution, the investigation must have shown that the minor meets the following three conditions:
- He is able to understand what he did
- He didn't mean to
- He understands the meaning of the procedure to which he is subject
That way, he can overturn what is called the presumption of non-discrimination.
If the public prosecutor decides to prosecute the minor and refers the case to the juvenile judge, the latter will have to reconsider this presumption. He will have to show, in turn, that the three conditions mentioned above are met. If he succeeds, the children's judge can only to take educational measures against the minor, the latter not capable of be the subject of measures restricting his freedom.
Rather than referring the minor to a judge who could impose more serious sanctions (judicial educational measures, prison for those over 13 years, etc.), the public prosecutor may decide to put in place alternative measures to prosecution. The choice is made according to the facts, the minor's personality, his living conditions and education.
These alternative measures are intended to prevent the minor from being prosecuted and tried while making him or her aware that he or she has committed a crime. infringement.
In particular, he may decide to recall his obligations in the presence of his parents, to refer him to a health, social or occupational structure, to mediation between the perpetrator and the victim.
Other measures specific to minors may be added, in particular:
- Justification for attendance at education or vocational training
- Compensation for damage caused to victims or in the interest of the community
The minor may be subjected to various educational measures.
Provisional Judicial Educational Measure (PJEM)
The MEJP may be pronounced at any stage of the procedure before the penalty is imposed.
The Mejp is organized in modules which may be accumulated or associates between them.
It can include the following modules:
- Modules to promote the integration, health, repair and placement of the minor
- Curfew Prohibitions on visiting certain places, making contact with victims, or on
Judicial educational measure (Mej)
The Mej is pronounced by the Juvenile Judge, the Juvenile Court or the Juvenile Court as a penalty.
The Mej is the only measure that includes an evaluation over time of the evolution and effectiveness of the pronounced measure.
The Mej is organized in modules which may be accumulated or associates between them.
It can include the following modules:
- Modules to promote the integration, health, repair and placement of the minor
- Curfew Prohibitions on visiting certain places, making contact with victims, or on
- Obligations to surrender the object that was used to commit the offense or property obtained as a result of the commission of the offense or to attend a civic training course
These modules can be adapted and modified over time according to the needs and evolution of the minor.
The Mej may be pronounced for a period of Maximum 5 years.
Court Warning
This measure is also pronounced by the Juvenile Judge, the Juvenile Court or the Juvenile Court as a penalty, but also by the police court in the case of fourth-class tickets.
The Mej can be combined with the delivery of a judicial warning. In this case, the Mej must be pronounced alone, without prohibition and/or obligation.
In addition, only the repair module can be associated.
Example :
The judge can issue a Mej with a repair module and a judicial warning.
The judicial warning may result in the following measures:
- Parent discount
- Admonition
- Solemn warning, which is a more severe form of admonition
Between 13 and 16 years
A distinction must be made between criminal responsibility and criminal majority.
The criminal liability is the age at which a minor may be convicted of a crime infringement.
The law provides that criminal liability of a minor may be incurred from 13 years.
Below this age, the law considers that a minor does not have the capacity to understand the consequences of his or her actions (discernment). As a result, he cannot be found guilty of an offense.
The criminal majority is the age at which the offender is considered an adult and is not entitled to the minority excuse (i.e. the softening of the sentence). The penal majority shall be 18 years.
In practice, any minor may be held accountable before the courts and brought before a judge. The judge assesses whether the minor has acted with discernment and whether he or she may be subject to criminal prosecution.
However, under the age of 18, the offender cannot be punished as an adult. Nor can he be tried by an ordinary court (e.g. court). It reports to the juvenile court or a juvenile court (juvenile court). The penalties and measures applicable depend on the age of the child.
FYI
parents are civil officials the mistakes of their minor child. The compensation of the victim will be at their expense. However, in some cases, State responsibility may be assumed by the victims instead of that of the minor's parents.
Rather than referring the minor to a judge who could impose more serious sanctions (judicial educational measures, prison for those over 13 years, etc.), the public prosecutor may decide to put in place alternative measures to prosecution. The choice is made according to the facts, the minor's personality, his living conditions and education.
These alternative measures are intended to prevent the minor from being prosecuted and tried while making him or her aware that he or she has committed a crime. infringement.
In particular, he may decide to recall his obligations in the presence of his parents, to refer him to a health, social or occupational structure, to mediation between the perpetrator and the victim.
Other measures specific to minors may be added in particular:
- Justification for attendance at education or vocational training
- Compensation for damage caused to victims or in the interest of the community
The penal composition is a procedure that allows the prosecutor to propose to the minor who has committed certain offenses one or more sanctions to end the prosecution.
Thus, the public prosecutor may, in particular, resort to unpaid work (entrusted to the authorized voluntary service or to the judicial protection of young people), to an internship or training in a health, social or professional organization, to a ban on going to certain places,...
Of specific measures miners may be added:
- Regular monitoring of schooling or vocational training, regular completion of a civic education course
- Compliance with a judicial placement order previously issued by the judge
- Consultation with a psychiatrist or psychologist
- Contract for service in a public defense integration establishment (EPIDE). It is a voluntary contract for integration.
This measure must appear to be adapted to the minor's personality.
In all cases, the public prosecutor must use a collection of socio-educational information on the minor. It is a summary on his family context, his health, his legal background, his schooling,...
Before being brought before a judge or a court which will determine his punishment, the minor may be subjected to measures restricting his freedom (security measures or of detention).
These measures are aimed at:
- Or to guarantee the safety of the minor
- Or to avoid contact with accomplices or victims
- Either make sure that he will be present at the time of his judgment.
The minor may be subjected to various educational measures.
Provisional Judicial Educational Measure (PJEM)
The MEJP may be pronounced at any stage of the procedure before the penalty is imposed.
The Mejp is organized in modules which may be accumulated or associates between them.
It can include the following modules:
- Modules to promote the integration, health, repair and placement of the minor
- Curfew Prohibitions on visiting certain places, making contact with victims, or on
Judicial educational measure (Mej)
The Mej is pronounced by the Juvenile Judge, the Juvenile Court or the Juvenile Court as a penalty.
The Mej is the only measure that includes an evaluation over time of the evolution and effectiveness of the pronounced measure.
The Mej is organized in modules which may be accumulated or associates between them.
It can include the following modules:
- Modules to promote the integration, health, repair and placement of the minor
- Curfew Prohibitions on visiting certain places, making contact with victims, or on
- Obligations to surrender the object that was used to commit the offense or property obtained as a result of the commission of the offense or to attend a civic training course
These modules can be adapted and modified over time according to the needs and evolution of the minor.
The Mej may be pronounced for a period of Maximum 5 years.
Court Warning
This measure is also pronounced by the Juvenile Judge, the Juvenile Court or the Juvenile Court as a penalty, but also by the police court in the case of fourth-class tickets.
The Mej can be combined with the delivery of a judicial warning. In this case, the Mej must be pronounced alone, without prohibition and/or obligation.
In addition, only the repair module can be associated.
Example :
The judge can issue a Mej with a repair module and a judicial warning.
The judicial warning may result in the following measures:
- Surrender to a parent
- Admonition
- Solemn warning, which is a more severe form of admonition
Their pronunciation must be exceptional.
They are taken by the juvenile judge, the juvenile court and the juvenile court.
Depending on the personality of the minor and the seriousness of the facts, the juvenile judge may, in the Council Chamber (i.e. alone), at the request of the Public Prosecutorand to impose the following penalties:
- Confiscation of the object used to commit the offense
- Internship (citizenship, product hazard awareness)
drugs,...)
At the single hearing and when the court intervenes following an educational probation procedure, a sentence may be considered only if the conditions cumulative the following are completed:
- The minor has already been the subject of an educational background (i.e. an educational measure, an investigative judicial measure, a measure restricting his or her freedom, a conviction or a sentence imposed in another procedure)
- This educational background is known and has been the subject of a report less than 1 year ago
Court Warning
This measure may be ordered by the juvenile judge, the juvenile court or the juvenile court as a penalty, but also by a police court in the case of fourth-class tickets.
The Mej can be combined with the delivery of a judicial warning. In this case, the Mej must be pronounced alone, without prohibition and/or obligation. Only the repair module can be associated.
Example :
The judge can issue a Mej insertion with a repair module with a judicial warning or a Mej comprising a health module with a judicial warning.
Between 16 and 18 years old
A distinction must be made between criminal responsibility and criminal majority.
The criminal liability is the age at which a minor may be convicted of a crime infringement.
The law provides that criminal liability of a minor may be incurred from 13 years.
Below this age, the law considers that a minor does not have the capacity to understand the consequences of his or her actions (discernment). As a result, he cannot be found guilty of an offense.
The criminal majority is the age at which the offender is considered an adult and is not entitled to the minority excuse (i.e. the softening of the sentence). The penal majority shall be 18 years.
In practice, any minor may be held accountable before the courts and brought before a judge. The judge assesses whether the minor has acted with discernment and whether he or she may be subject to criminal prosecution.
However, under the age of 18, the offender cannot be punished as an adult. Nor can he be tried by an ordinary court (e.g. court). It reports to the juvenile court or a juvenile court (juvenile court). The penalties and measures applicable depend on the age of the child.
FYI
parents are civil officials the mistakes of their minor child. The compensation of the victim will be at their expense. However, in some cases, State responsibility may be assumed by the victims instead of that of the minor's parents.
Rather than referring the minor to a judge who could impose more serious sanctions (judicial educational measures, prison for those over 13 years, etc.), the public prosecutor may decide to put in place alternative measures to prosecution. The choice is made according to the facts, the minor's personality, his living conditions and education.
These alternative measures are intended to prevent the minor from being prosecuted and tried while making him or her aware that he or she has committed a crime. infringement.
In particular, he may decide to recall his obligations in the presence of his parents, to refer him to a health, social or occupational structure, to mediation between the perpetrator and the victim.
Other measures specific to minors shall apply to:
- Completion of a civic education internship
- Consultation with a psychiatrist or psychologist
- Justification for attendance at education or vocational training
- Compensation for damage caused to victims or in the interest of the community
The penal composition is a procedure that allows the prosecutor to propose to the minor who has committed certain offenses one or more sanctions to end the prosecution.
Thus, the public prosecutor may, in particular, resort to unpaid work (entrusted to the authorized voluntary service or to the judicial protection of young people), to an internship or training in a health, social or professional organization, to a ban on going to certain places,...
Specific measures for minors may be added:
- Regular monitoring of schooling or vocational training, regular completion of a civic education course
- Compliance with a judicial placement order previously issued by the judge
- Consultation with a psychiatrist or psychologist
- Contract for service in a public defense integration establishment (EPID). It is a voluntary contract for integration.
This measure must appear to be adapted to the minor's personality.
In all cases, the public prosecutor must use a collection of socio-educational information on the minor. It is a summary on his family context, his health, his legal background, his schooling,...
Before being brought before a judge or a court which will determine his punishment, the minor may be subjected to measures restricting his freedom (security measures or of detention).
These measures are aimed at:
- Or to guarantee the safety of the minor
- Or to avoid contact with accomplices or victims
- Either make sure that he will be present at the time of his judgment.
The minor may be subjected to various educational measures.
Provisional Judicial Educational Measure (PJEM)
The MEJP may be pronounced at any stage of the procedure before the penalty is imposed.
The Mejp is organized in modules which may be accumulated or associates between them.
It can include the following modules:
- Modules to promote the integration, health, repair and placement of the minor
- Curfew Prohibitions on visiting certain places, making contact with victims, or on
Judicial educational measure (Mej)
The Mej is pronounced by the Juvenile Judge, the Juvenile Court or the Juvenile Court as a penalty.
The Mej is the only measure that includes an evaluation over time of the evolution and effectiveness of the pronounced measure.
The Mej is organized in modules which may be accumulated or associates between them.
It can include the following modules:
- Modules to promote the integration, health, repair and placement of the minor
- Curfew Prohibitions on visiting certain places, making contact with victims, or on
- Obligations to surrender the object that was used to commit the offense or property obtained as a result of the commission of the offense or to attend a civic training course
These modules can be adapted and modified over time according to the needs and evolution of the minor.
The Mej may be pronounced for a period of Maximum 5 years.
Court Warning
This measure is also pronounced by the Juvenile Judge, the Juvenile Court or the Juvenile Court as a penalty, but also by the police court in the case of fourth-class tickets.
The Mej can be combined with the delivery of a judicial warning. In this case, the Mej must be pronounced alone, without prohibition and/or obligation.
In addition, only the repair module can be associated.
Example :
The judge can issue a Mej with a repair module and a judicial warning.
The judicial warning may result in the following measures:
- Surrender to a parent
- Admonition
- Solemn warning, which is a more severe form of admonition
Their pronunciation must be exceptional.
They are taken by the juvenile judge, the juvenile court and the juvenile court.
Depending on the personality of the minor and the seriousness of the offense, the juvenile judge may, in the Council Chamber, at the request of the Public Prosecutor, impose the following sentences:
- Confiscation of the object used to commit the offense
- Internship (citizenship, awareness of the dangers of narcotic drugs,...)
- Community service, if the child is at least 16 years of age at the time of sentencing
At the single hearing and when the court intervenes following an educational probation procedure, a sentence may be considered only if the conditions cumulative the following are completed:
- The minor has already been the subject of an educational background (i.e. an educational measure, an investigative judicial measure, a measure restricting his or her freedom, a conviction or a sentence imposed in another procedure)
- This educational background is known and has been the subject of a report less than 1 year ago
Alternative measures to prosecution
Penal composition
Judicial educational measures (Mej)
Civil liability of parents
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Ministry of Justice
Ministry of Justice
Ministry of Justice