Juvenile Court: conduct of the trial

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

The juvenile court judges a minor over the age of 16 who has committed a crime. It is seized by a indictment decision which follows a judicial inquiry. The minor, accused, must be obligatory represented by a lawyer. He and his parents or the persons responsible for him (guardian, trustee, etc.) must be informed of the rights guaranteed to him in the proceedings. It can benefit from the excuse of the minority or be punished as an adult.

The decision may be the subject of an call.

The juvenile court may try a minor prosecuted on the following grounds:

  • one offense or a crime committed before the age of 16, if they are inseparable from the crime committed after 16. For example, a series of rape and of sexual assault committed on the same victim, before and after 16 years.
  • a crime committed when he is over 16
  • a crime committed from the age of 18 if the acts are related to and inseparable from a crime committed by a minor aged at least 16 years

Please note

an adult may be tried by the juvenile court if he is a co-perpetrator or an accomplice in a crime committed by a minor. Thus, they will be tried in a single trial. The decision to have the adult tried by the juvenile court is taken by the investigating judge in charge of the case.

The minor, under the age of 16, prosecuted for a crime, will be tried by the juvenile criminal court.

At the end of a judicial inquiry, the investigating judge shall give a decision in the form ofan order of indictment and removal.

This order indicates for which crime or offense the minor is to be tried.

It also specifies which juvenile court will be responsible for the case.

FYI  

The indictment and removal order may also be issued by the investigative chamber, if the decision of the investigative judge has been appealed.

Informing the minor and the adults responsible for him

From the beginning of the proceedings, the minor duty be informed of the proceedings against him and of his rights.

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.

Right to confidentiality

On all documents drawn up by the juvenile court and made public, the identity of the accused minor is not mentioned (reference is made to restricted advertising).

The same applies if the victim is a minor at the time of the crime.

Right to counsel

The juvenile prosecuted must be represented by a lawyer.

If the minor does not have a lawyer, the public prosecutor, the children's judge or the investigating judge shall have a lawyer appointed by the bastler.

Who shall I contact

The victim, civil party, does not have to hire a lawyer.

The persons present at the trial of the juvenile court are as follows:

  • Professional judges (3, including 1 president and 2 judges of children who are assessors)
  • Popular Jury 6 citizens drawn by lot on the electoral roll (and one or more alternates). 
  • Attorney-General or a prosecutor specialized in juvenile cases, representing the public prosecutor's office
  • Minor, accused,and his lawyer
  • Victim, civil party, or his lawyer
  • Relatives of the minor (parents, guardian, appropriate adult,...)
  • Representatives of educational services following the minor referred to the Assize Court
  • Witnesses
  • Clerk
  • Commissioner of Justice (former bailiff and judicial auctioneer)

Before the hearing

The President of the Court shall verify the identity of the minor and ensure that he is assisted by a lawyer.

If the minor no longer has a lawyer, the President shall ask the bastler appoint him a lawyer appointed by the court.

The President shall inform the minor, if necessary, of his or her right to the services of an interpreter.

Public attendance at the hearing

In principle, debates 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.

However, the victim may request that the proceedings take place at in camera, that is, without an audience.

This may be the case if the prosecution relates to serious sexual offenses such as rape, torture and barbarity accompanied by sexual assault, trafficking in human beings, aggravated procuring.

In these different scenarios, only people directly concerned (victims, parents, witnesses, experts...) can attend the trial.

The hearing may not be public if another co-accused is a minor or if the victim is a minor.

Conduct of the debates

The President of the Court shall direct the proceedings and take all measures necessary for the proper conduct of the hearing. He's the one who gives the floor to the various people in the trial.

At the beginning of the hearing, he presents the alleged offense to the minor and asks the clerk to read the indictment (in which the alleged offense is stated).

The President then questions the minor before proceeding to the hearing of witnessesexperts and the victim.

The list of witnesses and experts was drawn up earlier at the request of the minor, the public prosecutor and the victim.

The assessors and jurors may ask questions of the minor, witnesses, experts, and victim only if the president gives them permission.

The minor and the victim may also ask questions through the President.

Audio or audiovisual recordings shall be prohibited. The president may authorize them if he considers it to be of interest for the continuation of the trial (for example, the minor who finally confesses to having committed the crime).

Debates end when:

  • The victim, civil party, or his lawyer has been heard,
  • The Advocate General has made his requests (he proposes a sentence for the minor or asks for his acquittal, that is to say, the removal of the minor from the case against him),
  • The minor's lawyer pleaded in his defense (the minor or his lawyer always has the floor last).

FYI  

the president of the court may decide that the minor shall withdraw from the courtroom after his or her interrogation and for all or part of the remainder of the proceedings.

Immediately after the proceedings, the juvenile court and the jury retreat to the deliberation room to answer questions about the juvenile's guilt and possible conviction.

The deliberation is secrecy and consists of 2 phases:

  • a deliberation on guilt
  • and a deliberation on sentencing.

Deliberation on guilt

A majority of 6 votes is necessary for any decision against the minor.

The vote shall be in writing.

Blank or void ballots are favorable to the minor. If found not guilty, he is acquitted (but not guilty). If he is found guilty, the court decides on the applicable sentence.

If the minor is found guilty of the offense, the vote shall continue.

The President of the Court first puts this question to the Court: Is there a need for a criminal conviction?.

The minor can be guilty while avoiding a criminal penalty (prison, fine, etc.). In that case, the court shall pronounce judicial educational measures.

Deliberation on Sentence 

The decision shall be taken at the absolute majority of voters (at least 5 votes). But the maximum sentence must be imposed by a majority of six votes.

If the court decides to apply a criminal penalty (prison, fine, etc.) to the minor, it answers this question, read by the president: Should the accused be excluded from the benefit of the reduced sentence?. This question concerns the application of the excuse of the minority.

The minor is entitled to the excuse of a minority

The minor cannot be sentenced to more than half of the sentence of an adult for the same facts. That is, for a crime punishable by 20 years' imprisonment, the minor could be sentenced to a maximum of 10 years.

The court decides on the size of the sentence based on this criterion, but adapting it and combining it with other rules.

Thus, for example, if the penalty for an adult is life imprisonment, the sentence imposed on the minor may not exceed 20 years.

Likewise, if the fine incurred by a major is €75,000 for example, the fine imposed on the minor may not, in principle, exceed €37,500.

However, because of his or her minority, a minor may not be sentenced to pay more than €7,500 of fine.

The minor does not benefit from the excuse of a minority

The juvenile court may refuse the application of the minority excuse.

In this case, the court must make a special decision, different from the verdict. This special decision must set out the reasons why the court refuses to apply the minority excuse.

The court must take into account the seriousness of the facts and the personality of the minor.

A minor who cannot benefit from the excuse of a minority will be punished as an adult.

However, the juvenile could not be sentenced to more than 30 years in prison, even if the crime committed could be punished by life imprisonment. A prison sentence with a security period may not be pronounced in respect of a minor.

FYI  

when the minor is sentenced to a prison term, he or she is placed in a special ward of a prison (juvenile ward) or in a juvenile prison.

Verdict

The court leaves the deliberation room only when the final decision (verdict) is made. This may take several hours.

The decision of the Court shall be delivered in open court. It must indicate the reasons for which it has pronounced a conviction or an acquittal (i.e. the removal of the minor).

If the decision is published in the press, it must not disclose the identity of the minor and that of the victim, if it is a minor.

If the minor is acquitted, he or she is released, unless he or she is imprisoned for other offenses.

If the minor is convicted, the President shall inform him or her of the possibility of appealing the decision. He tells her he has 10 calendar days to appeal the decision.

The call may be made on behalf of the minor by his or her parents.

FYI  

if the minor has been acquitted and has been imprisoned for these acts, he or she may apply for compensation for arbitrary detention within 6 months of the acquittal.

Decision on compensation for the damage suffered by the victim

Once the criminal hearing is completed, a civil hearing may follow. It is intended to examine the claim for compensation made by the civil party (victim).

The court may decide to postpone the civil hearing to a later date, which it shall determine.

If the minor has been convicted of the offense, the judges shall rule on damages requested by the civil party, without the participation of the jurors.

If the minor is fined or paid damages to the victim, his or her parents will have to pay for it.

Call

It is possible appeal in respect of (i.e. against) the decision of the juvenile court when it judges a case at first instance, i.e. for the first time.

The call shall be made by declaration to the graft of the court of assize which made the decision. It has to be done within 10 free days from delivery of the judgment (judgment of the court).

The call can be made by:

  • Accused or his legal representative
  • Public Prosecutor's Office (Advocate General)
  • Civil party, but only for its civil interests, i.e. the amount of damages obtained

Where the appeal is made by the minor or the public prosecutor's office, the challenge may be limited to the length of the sentence and not the guilt.

The Court of Appeal is determined by the Criminal Chamber of the Court of Cassation, after receiving the observations of the minor, accused, the victim, civil party, and the Public Prosecutor.

Who shall I contact

Appeals

The case is then re-tried by an appeals court whose functioning is identical to the court of first instance, except on the following points:

  • The number of jurors is 9 people
  • The minimum number of votes required in the proceedings to make a decision against the accused concerning his guilt shall be increased to 8
  • The minimum number of votes required in the deliberations to decide on a sentence shall be increased to 7 (or 8 if the sentence imposed is the maximum penalty)

FYI  

after the appeal, if the law was not properly applied or if a procedural error was made, it is possible to an appeal on a point of law. The appeal must be lodged with the Registry of the Court of Appeal concerned by the accused or his legal representative, within 5 free days after the decision has been rendered.