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Juvenile justice: what the law says

Written by Administrator Thursday, 16 June 2011 03:51

Alongside the emergence of controversial jurors in the criminal courts, the bill presented Wednesday, June 15, in Law Committee of the National Assembly also covers the trial of minors. The stated objective is "to reduce the time trial." But the means recommended arouse the wrath of professionals who regret not having been consulted and feared a challenge to the principle of the primacy of education in the repression, established by order of February 2, 1945

The file's unique personality

This file, which aims to lead to a better understanding of the profile of the minor, will compile all reports he has received in the eleven months preceding his trial. Reports from the process of educational assistance will also be on file. The French Association of Magistrates for Youth and Family (AFMJF) itself has argued for the establishment of such a record, but believes that its original purpose is diverted by the bill. It would be more a question of speeding up the trial by putting as much information available that improve the knowledge of the minor's personality and engage in meaningful follow-up.

The criminal court for juveniles

The minor offenders over 16 years, who have committed crimes punishable by at least three years in prison, will no longer before the juvenile court, but will be judged by a court for minors, where a judge to serve children and two non-specialized judges. This new court would generate "more solemn" and an important "symbolic", the ministry of justice. Professionals fear for their part that the presence of a juvenile judge is a roundabout way to "align the treatment of minors on that of adults and to achieve a lowering of criminal in disguise."

The public debate in the minors become major

Currently, the camera is automatic in criminal courts if the accused minors under the age of 18 at the time the facts have become key to the trial. Unless they request a public hearing. The Assembly decided on Wednesday that the trial hearings of minors become major "on the date of opening of the trial" will now be public if the public prosecutor, the accused or civil party upon request. The provision, introduced by the rapporteur UMP Sébastien Huyghe, takes a bill Baroin-Lang. Adopted by the February 16, 2010, she had never been on the agenda of the Senate.

Placement in educational center closed and the house arrest with electronic monitoring

The bill would expand the possibilities of placing minors from thirteen to sixteen years in closed educational center. Today, the threshold for the penalty for investing in closed educational center is seven years. It would increase to five. Section 22 of the bill also provides that minors from the age of thirteen may be placed under house arrest with electronic monitoring.

The summons to court by the prosecutor

This legislation gives the attorney the opportunity to call in officers from the police a minor at the age of thirteen years before the juvenile court or criminal court for minors. This measure, while expediting the legal process may deprive children of the benefits of phase "pre-trial". During this period pre-trial judges Children now have the opportunity to conduct advocacy and accompaniment of minors.

The stress of parents

If they do not attend the hearing of their child, the possibility of forcing parents to testify would be made possible by this legislation. In a statement, the AFMJF states that "the majority of parents appear before the juvenile courts because they are worried and concerned by the situation of their child."

For Catherine Sultan, president of the AFMJF and Chair of the Juvenile Court in Créteil, the bill gives away justice done so far to the children, but could still "take a letter in the mail in general indifference."