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

Verified 17 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

A minor is prosecuted in criminal proceedings in connection with a contravention or offense by the children's court and the facts were committed before 30 september 2021 ?

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 an audience increasingly restricted. Few cases are still affected by this regulation.

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 5th Contraventions 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.

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.

The minor may be referred to the juvenile court either by a judge or by the public prosecutor.

Répondez aux questions successives et les réponses s’afficheront automatiquement

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 5th class, offense or crime, the children's court may be seised by the investigating judge (attached to the children's court).

By the Public Prosecutor

If he wishes the juvenile to be tried promptly, the public prosecutor may use a special procedure: the procedure for immediate presentation.

Use this procedure 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 following 2 conditions are met:

  • The facts are clear and the minor's personality is well known
  • The minor is aged 13 to 16 years and 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 must be set within 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.

The miner is obligatory 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.

Discussions shall take place in restricted advertising, i.e. without the presence of the public.

However, a limited number of persons, such as the minor's parents and representatives of the educational services that follow him, 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.

From 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 5th Contraventions 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.

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.

The minor may be referred to the juvenile court either by the judge or by the public prosecutor.

Répondez aux questions successives et les réponses s’afficheront automatiquement

By the judge

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

By the Public Prosecutor

The children's court may also be seised by the public prosecutor.

If he wishes the minor to be tried quickly, on public prosecutor may use a special procedure: the procedure for immediate presentation. Use this procedure to 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 following 2 conditions are met:

  • The facts are clear and the minor's personality is well known
  • The minor is accused of committing 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 must be set within 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 minor.

The miner is obligatory 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.

Discussions shall take place in restricted advertising, i.e. without the presence of the public.

However, a limited number of persons, such as the minor's parents and representatives of the educational services that follow him, 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.

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