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

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

A minor is prosecuted in criminal proceedings for certain offenses or offenses relating to a offense by the children's judge and the facts were committed before the 30 September 2021 ?

We present you with the information you need to know.

FYI  

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

The Juvenile Judge is competent to try cases (of lesser gravity) relating to a fifth class ticket or to a offense.

On the other hand, the Juvenile Court is not competent to hear cases relating to a crime that come back either to the Children's Court or to the juvenile court.

The children's judge does not pronounce no penalties, but only:

  • educational measures (for minors aged 10-13)
  • and/or educational sanctions (for minors aged between 13 and 16).

FYI  

only the children's court can try cases involving a minor over 16 years of age for an offense punishable by seven years or more in prison.

The children's judge may be seized by the following persons:

  • Public Prosecutor at the end of a police investigation to proceed with the investigation of the case (contravention or misdemeanor)
  • Investigative judge to try the case (misdemeanor)

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.

The Juvenile Judge carries out the necessary investigations to establish, clarify the facts and know the minor's personality.

If the minor is already known to the judiciary, he consults and completes his single personality file.

The Juvenile Judge decides alone, in council chamber. So the hearing is in his office, not in the courtroom.

The hearing is not open to the public.

The judge hears the minor and his or her parents or adults responsible (example: guardian).

The miner is obligatory assisted by a lawyer.

The victim may be present.

Immediate decision

The children's judge can immediately make one of the following decisions:

  • Relax the miner
  • Convict the offender, but dispense with any other measure if it appears that his reclassification (i.e. the cessation of criminal behavior) is established, that the damage caused is repaired and that the disorder resulting from the offense has ceased
  • Admonish him
  • Hand it over to their parents, guardian, custodian or trustworthy person
  • Primarily pronounce his judicial protection for a period not exceeding 5 years
  • Placing them in an institution (for example, a medical or medical-educational facility)
  • prescribe a day activity measure (including the performance of a service contract in public institution for the insertion of the defense)

Deferred decision

It may happen that the children's judge will refer the decision back to a second hearing. Its decision is thus postponed in particular in one of the following situations:

  • The case is in no condition for trial
  • The judge considers that a further investigation is necessary into the facts or personality of the minor

The referral hearing takes place within a few weeks or months.

In the meantime, the judge may take interim measures in respect of the minor, for example:

  • Placement in an educational establishment
  • Measure of supervised freedom
  • Repair measure with respect to the victim (with the victim's consent)

At the end of the second hearing, the judgment may be delivered immediately. It can only contain educational measures (no penalty possible).

If the case is too complex or if the judge considers that educational measures are not sufficient, the juvenile judge shall refer the case back for trial by the court. children's court.

The minor may be referred to a court at any time of the proceedings (including before the first hearing).

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