Juvenile delinquency, minor victim, juvenile justice, penal law, educational measures, judicial control, provisional detention, juvenile court, public prosecutor
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Abstract
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Abstract
This document outlines the principles and procedures of juvenile delinquency law, focusing on the protection of minor victims and the handling of delinquent minors.
Extract
[...] At the end of this contradictory debate, the minor leaves with his parents but with provisional measures that are there for him canalize, the to fit for the period leading up to the hearing on guilt. Hearing on Guilt: The magistrate will hear the minor, the witnesses, the legal representatives, the victim, the JJ, the public prosecutor, the defense attorney. The presence of the public prosecutor is not mandatory in camera. (Not possible because at the Lyon prosecutor's office, the juvenile judges are 11 or 12 and the PRs are 5 or so we can't go to all of them. These hearings are there for to decide on guilt. [...]
[...] This will be able to pass through a day care. (Minor is received in the premises of the PJJ every day). He can also be the subject of a placement in a boarding school. - A repair module : the PJJ works on the report to the victim. A module of dedicated repair module for the victim herself with her consent, or to the benefit of a community. (For example: minor who committed graffiti on a school, agreement to clean the graffiti). [...]
[...] Subsequently, this has intensified. In 2004, a law came to entrust the juvenile judge with the functions of the application of penalties. there is an objective impairment of impartiality with this system but it is in the best interest of the minor for his better knowledge) - The principle of publicity: The principle of publicity is partially set aside as regards the audiences in the matter of juvenile justice. According to Article 6§1 of the ECHR, the preliminary article and Article 306 of the Criminal Procedure Code, the principle is publicity because it is considered a fair procedure since it is visible. [...]
[...] The GAV is possible for for the minor aged 13 to 18 years. It takes place under the control of the Prosecutor of the Republicand here the minor must be obligatorily presented in case of extension. The GAV concerns minors against whom there is 1 or more plausible reasons to suspect that they have committed or attempted to commit an offense. The GAV lasts 24 h and may be extended 1 time per 24 if - For minors between 16 and 18 years if they encounter a sentence of 1 year or more. [...]
[...] « Adan Kiewicz v. Poland (question of the impartiality of the juvenile court) The ECHR Court considered that this double hat could pose a problem in that upstream, the judge could make a prejudice of the case. Here, the court does not position itself for all legislations but only for France. QPC of 8 July 2011 : we could not continue to leave all powers in the hands of the juvenile judge. Law of 26 December 2011 : the juvenile judge who signs the order cannot be the one who examines the case in depth. [...]
