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

Verified 15 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

A minor is prosecuted for a infringement that he committed before 30 september 2021.

You want to know how the investigation will proceed, what judge will conduct it, what interim measures can be taken against the minor?

We present you with the information you need to know. They differ according to the age of the minor.

FYI  

The information presented on this page concerns a increasingly restricted audience. Few cases are still affected by this regulation.

Before age 16

Where a minor under 16 years of age is subject to instruction, two judges may intervene:

  • The children's judge for a fifth class ticket or for 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 investigating judge must 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 magistrate may decide not to transmit the information.

In certain 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 does not choose one, the magistrate must appoint one.

Whichever judge is seised, if he considers that there are serious indications that the minor is implicated in the crime, 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 (i.e. an investigation) into the facts using the tools available to the court (hearing of the minor and witnesses, searches, expert opinions, telephone tapping, etc.).

The judge may also request an inquiry into the minor's personality. A social and family survey and a psychologic-medical examination 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.

Provisional measures vary according to the age of the minor.

Répondez aux questions successives et les réponses s’afficheront automatiquement

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

2 hypotheses are possible:

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 remains in the minor's 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 an offense

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.

From 16 years

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

  • Children's judge in a case related to a fifth class ticket or to a offense
  • The investigating judge in a case related to a 5th offense 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 investigating judge must 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 magistrate may decide not to transmit the information.

In certain 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 does not choose one, the magistrate must appoint one.

Whichever judge is seised, if he considers that there are serious indications that the minor is implicated in the crime, 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 (i.e. an investigation) into the facts using the tools available to the court (hearing of the minor and witnesses, searches, expert examinations, telephone tapping, etc.).

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

2 hypotheses are possible:

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 fifth-class ticket or an offense

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.

Who can help me?

Find who can answer your questions in your region