The minor shall not be prosecuted for any of the following reasons:

• There was no offense
• The evidence against him is insufficient
• The minor is ultimately not involved in the commission of the offense
• The presumption of non-discrimination, for a minor under 13 years of age, shall be detained. This means that a minor under the age of 13 is presumed to be too young and immature to understand his actions and therefore cannot be prosecuted.

In this case, the public prosecutor file the case no follow-up.

However, the public prosecutor may choose to put in place measures to prevent the minor from being prosecuted (reminder of obligations, remedy, mediation,...).

If these measures are effective, the public prosecutor will not pursue the case.

However, if the measures taken fail, the public prosecutor may refer the minor to a judge or court.

The public prosecutor chooses the follow-up to be given to the case according to the seriousness of the offense committed but also according to the personality of the minor, his living conditions and education.

Thus, if the public prosecutor considers that the minor may be prosecuted, he or she may transmit the file:

• the investigating judge (if he considers that the investigation should be completed), or
• the juvenile judge (procedure in principle),
• or in the juvenile court for the juvenile to be tried.

The investigation then leads to:

• Either on the delivery to the minor of a summons to be tried
• Either on a dump. This means that, at the end of his detention, the minor is brought before the public prosecutor in the presence of his lawyer. The public prosecutor shall inform the minor of the alleged offense(s) and shall issue a hearing date for the judge to rule on his guilt.
  The deferment makes it possible to pronounce a educational measure and/or a measure restricting the freedom of the minor pending a guilty hearing.

In all cases, a collection of socio-educational information is carried out for the day of the hearing. It provides information on the juvenile's situation to the judge.

At the end of the investigation, the public prosecutor decides to prosecute the minor.

He shall forward the file:

• Or, in the majority of cases, to the Juvenile Judge (in the Council Chamber, i.e. directly in his office)
• Either the Children's Court, that is, the Children's Judge and his or her assessors. The court may have jurisdiction for minors over 13 years of age when the sentence is more than 3 years and where justified by the minor's personality or the gravity of the facts. These conditions are cumulative.

In all cases, the objective is to put in place a educational test procedure (called SMES) before the judgment on the imposition of the penalty.

The procedure therefore takes place in 2 steps :

• First, a hearing determines whether or not the minor is guilty of the offense.
  This first hearing must take place at the earliest 10 days after the dismissal of the public prosecutor and at the latest 3 months after, except in cases of pretrial detention.
  This hearing is also intended to determine any compensation payable to the victims of the crime.
  Following this hearing, a period of educational probation Let's start. It lasts between 6 and 9 months. During this period, several measures can be put in place. These include: an obligation to remain in a specific geographical area and an obligation to justify it, an obligation to stay at home, provisional judicial educational measures, medical or psychological expertise.
• Then, a hearing is held on the delivery of the penalty that the minor will have to execute. This 2nd hearing can take place in two ways:
  
  • Either in the Council Chamber for the delivery of educational measures or work of general interest, internship or confiscation of property used in the commission of the offense (the juvenile judge in the Council Chamber not being able to pronounce a prison sentence)
  • Either by the Children's Court, which can pronounce all measures and penalties

If the minor has given satisfaction during the educational test, the juvenile judge or the court may order a waiver of educational measures, a waiver of sentence or a declaration of educational achievement.

At the end of the investigation, the public prosecutor may, in exceptional cases, decide to prosecute the minor and refer the case to the juvenile court for trial directly the minor (we're talking aboutsingle audience).

The single hearing can also be requested by the juvenile court itself (during the hearing, the juvenile judge will debate this possibility)

However, this type of procedure is subject to the conditions cumulative following:

• The penalty shall beat least 5 years for minors aged from 13 to 16 years (or the penalty isat least 5 years for minors, aged from 16 to 18 years)
• A report of less than 1 year has been drawn up in previous proceedings (e.g. in the context of an educational measure, a conviction or a sentence of less than 1 year or the minor has been prosecuted for refusing to submit to fingerprinting and checking operations).

The hearing before the court shall take place no earlier than 10 days after the public prosecutor has brought the case before the court (which implies that the minor and his legal representatives have been summoned at least 10 days before the date of the hearing).

If the minor has been placed in prison by the Judge of Liberties and Detention, at the request of the Public Prosecutor, the hearing must take place at the latest 1 month after the matter has been referred to the court.

If the minor has been brought before the juvenile judge for educational or judicial review, the hearing shall take place at the latest 3 months after the matter has been referred to the court.

The children's court will decide at the same time

• on the guilt or otherwise of the minor
• and on the penalty that he will have to carry out (educational measure, judicial warning, penalty if the minor is already known).

Exceptionally, the court may decide on an educational probation period of 6 to 9 months.

At the end of the investigation, when the public prosecutor decides to prosecute the minor, in criminal matters, he duty forward the file to a examining magistrate.

It may also refer to an investigative judge offenses that require special investigations (additional investigations) or fifth-class contraventions that require special investigations.

A minor over 16 years prosecuted for the commission of a crime is then tried by the juvenile court.

In the case of a minor under 16 suspected of having committed an offense or a crime, the judgment is made 

• by the criminal child court (crime), or
• or by the juvenile court or the juvenile court (misdemeanor).

In all cases, the investigating judge will have to resort to an educational measure of judicial investigation (information on the situation of the minor and his entourage).