OF THE CRIMINAL LAW OF MINORS
LexInter | April 29, 2003 | 0 Comments

OF THE CRIMINAL LAW OF MINORS

Article 11
Article 122-8 of the penal code reads as follows:
“Art. 122-8. – Minors capable of discernment are criminally responsible for the crimes, misdemeanors or contraventions of which they have been found guilty, under conditions fixed by a specific law which determines the measures of protection, assistance, supervision and education of which they can be the subject.
“This law also determines the educational sanctions that can be pronounced against minors from ten to eighteen years old as well as the penalties to which minors from thirteen to eighteen may be sentenced, taking into account the reduction responsibility they enjoy because of their age. “
Article 12
The second paragraph of Article 2 of Ordinance No. 45-174 of 2 February 1945 relating to delinquent children reads as follows:
“They may, however, when the circumstances and the personality of the minors so require, either pronounce a educational sanction against minors aged ten to eighteen, in accordance with the provisions of article 15-1, or impose a penalty against minors aged thirteen to eighteen, taking into account the mitigation of their criminal liability, in accordance with the provisions of Articles 20-2 to 20-9. “
Article 13
After article 15 of ordinance no. 45-174 of February 2, 1945, aforementioned, article 15-1 is inserted as follows:
“Art. 15-1. – If prevention is established with regard to a minor aged at least ten years, the juvenile court may pronounce by reasoned decision one or more of the following educational sanctions:
“1o Confiscation of an object detained or belonging to the minor and having served in the commission of the offense or which is the product thereof;
“2o Prohibition to appear, for a period which may not exceed one year, in the place or places in which the offense was committed and which are designated by the court, with the exception of places in which the minor usually resides;
“3o Prohibition, for a period not exceeding one year, to meet or receive the victim (s) of the offense designated by the court or to enter into contact with them;
“4o Prohibition, for a period which may not exceed one year, from meeting or receiving the co-author (s) or possible accomplices designated by the court or from entering into contact with them;
“5o Aid or reparation measure mentioned in article 12-1;
“6o Obligation to follow a civic training course, of a duration which cannot exceed one month, with the aim of reminding the minor of the obligations resulting from the law and whose modalities of application are fixed by decree in Council of State.
“The juvenile court will designate the service for the judicial protection of young people or the authorized service responsible for ensuring the proper execution of the sanction. This service will report to the juvenile judge on the execution of the educational sanction.
“In the event of non-compliance by the minor with the educational sanctions provided for in this article, the juvenile court may order a placement measure in his regard in one of the establishments referred to in article 15.”
Article 14
The last paragraph of Article 20 of Ordinance No. 45-174 of 2 February 1945 cited above reads as follows:
“If it is decided that the minor accused convicted must not be the subject of a criminal conviction , the measures relating to his placement or his custody or the educational sanctions on which the court and the jury are called upon to rule will be those of articles 15-1, 16 and of the first paragraph of article 19. ”
Article 15
The code of criminal procedure is thus amended:
1o In 3o of article 768, the words: “of articles 8, 15, 16 and 28” are replaced by the words: “of articles 8, 15, 15-1, 16 , 16 bis and 28 ”;
2o In 1o of article 769-2, the words: “of articles 8, 15, 16, 16 bis and 28” are replaced by the words: “of articles 8, 15, 15-1, 16, 16 bis and 28 ”;
3o In 1o of article 775, the words: “of articles 2, 8, 15, 16, 18 and 28” are replaced by the words: “of articles 2, 8, 15, 15-1, 16, 16 bis , 18 and 28 ”.
Section 2
Provisions relating to the detention of minors
ten to thirteen years old
Article 16
The first paragraph of I of article 4 of the aforementioned Ordinance No. 45-174 of 2 February 1945 is thus amended:
1o In the second sentence, the words: “serious and concordant indices” are replaced by the words: ” serious or concordant indices ”, the words:“ an offense punishable by at least seven years of imprisonment ”are replaced by the words:“ an offense punishable by at least five years of imprisonment ”and the words:“ which cannot exceed ten hours ”are replaced by the words:“ which cannot exceed twelve hours ”;
2o In the third sentence, the words: “for a period which may not exceed ten hours either” are replaced by the words: “for a period which may not exceed twelve hours either”.
Section 3
Provisions relating to placement under judicial supervision,
in closed educational centers, or in pre-trial detention
Article 17
Ordinance no. 45-174 of 2 February 1945 cited above is thus amended:
1o In the third paragraph of article 8, the words: “of article 11” are replaced by the words: “of articles 10-2 and 11 “;
2o After article 10, an article 10-2 is inserted as follows:
“Art. 10-2. – I. – Minors aged thirteen to eighteen may be placed under judicial supervision under the conditions provided for by the code of criminal procedure, subject to the provisions of this article.
“II. – Judicial control is decided by reasoned order, taken, as the case may be, by the children’s judge, the examining magistrate or the liberty and detention judge. This magistrate must orally notify the minor of the obligations imposed on him, in the presence of his lawyer and his legal representatives or those duly summoned; this magistrate also informs the minor that in the event of non-compliance with these obligations, he may be placed in pre-trial detention; these formalities are mentioned in the report, which is signed by the magistrate and the minor. When this decision accompanies a release, the lawyer of the minor is summoned by any means and without delay and the provisions of the second paragraph of article 114 of the code of criminal procedure do not apply.
“Judicial control of a minor may also include one or more of the following obligations:
” 1o Submit to measures of protection, assistance, surveillance and education entrusted to a judicial protection service of the youth or to an authorized service, mandated for this purpose by the magistrate;
“2o Respect the conditions of a placement in an educational center of the judicial protection of young people or under an authorized service to which the minor has been entrusted by the magistrate in application of the provisions of article 10 and in particular in a center closed educational facility provided for in section 33
“However, the obligations provided for in 2o can only be ordered for a period of six months and can only be renewed by reasoned ordinance once for a period of no more than six months.
“The person in charge of the service or center designated in application of 1o and 2o must report to the children’s judge or to the examining magistrate in the event of non-compliance by the minor with the obligations imposed on him; a copy of this report is sent to the public prosecutor by this magistrate.
“III. – In correctional matters, minors under the age of sixteen can only be placed under judicial supervision when the imprisonment penalty incurred is greater than or equal to five years and when the minor has already been the subject of one or more educational measures pronounced in application of the provisions of articles 8, 10, 15, 16 and 16 bis or of a condemnation to an educational sanction or a penalty.
“The judicial control to which minors aged sixteen may be subject in correctional matters can only include the obligation to respect the conditions of a placement, in accordance with the provisions of 2o of II. The minor is then placed in a closed educational center provided for in article 33.
“The children’s judge, the examining magistrate or the judge of freedoms and detention rules on the placement under judicial control in a cabinet hearing, after an adversarial debate during which this magistrate hears the public prosecutor who develops his requisitions taken in accordance with the provisions of article 137-2 of the Code of Criminal Procedure, then the observations of the minor as well as those of his lawyer. The magistrate can, if necessary, collect during this debate the statements of the representative of the service which follows the minor. “
Article 18
Ordinance No. 45-174 of February 2, 1945, cited above, is amended as follows:
1o The first paragraph of Article 11 is replaced by ten paragraphs worded as follows:
“Minors from thirteen to eighteen years old indicted by the judge of ‘instruction or the children’s judge may not be placed in pre-trial detention by the judge of liberties and detention seized either by the investigating judge or by the children’s judge, in accordance with the provisions of Articles 137 to 137-4, 144 and 145 of the Code of Criminal Procedure, only in the cases provided for in this article, on condition that this measure is essential or that it is impossible to take any other provision and on condition that the obligations of judicial control provided for by Article 10-2 are insufficient.
“Minors over the age of sixteen can only be placed in pre-trial detention in one of the following cases:
“ 1o If they incur a criminal penalty;
“2o If they incur a correctional sentence of a duration equal to or greater than three years;
“3o If they have voluntarily evaded the obligations of a judicial review pronounced in accordance with the provisions of article 10-2.
“Minors over the age of thirteen and under sixteen may be placed in pre-trial detention only in one of the following cases:
“ 1o If they incur a criminal penalty;
“2o If they have voluntarily evaded the obligations of a judicial review pronounced in accordance with the provisions of III of the
“Pre-trial detention is carried out either in a special section of the remand center or in a specialized penitentiary establishment for minors; detained minors are, as far as possible, subjected to overnight solitary confinement. Minors aged thirteen to sixteen may only be detained in establishments guaranteeing complete isolation from adult prisoners as well as the presence in detention of educators under conditions defined by decree of the Council of State.
“When minors who have been placed in pre-trial detention are released during the procedure, they are subject, upon their release, to educational measures or supervised freedom justified by their situation and determined by the children’s judge, the examining magistrate or the liberty and detention judge. When the magistrate considers that none of these measures is necessary, he decides by reasoned decision. “;
2o In the penultimate paragraph of the same article, the words: “of the fourth and fifth paragraphs” are replaced by the words: “of the thirteenth and fourteenth paragraphs”;
3o After article 11-1, an article 11-2 is inserted as follows:
“Art. 11-2. – When with regard to a minor between thirteen and sixteen years of age, provisional detention is ordered following the revocation of a judicial review pronounced in accordance with the provisions of III of article 10-2, the duration of pre-trial detention cannot exceed fifteen days, renewable once.
“If it is an offense punishable by ten years’ imprisonment, the duration of pre-trial detention cannot exceed one month, renewable once.
“When several revocations of judicial control occur, the cumulative duration of the detention cannot exceed a total duration of one month in the case referred to in the first paragraph and two months in the case referred to in the second paragraph. ”
Section 4
Provisions establishing
a short-term judgment procedure
Article 19
Ordinance No. 45-174 of February 2, 1945, cited above, is amended as follows:
1o The second sentence of the second paragraph of Article 5 reads as follows:
“He may also apply to the children’s court in accordance with the early judgment procedure. provided for by article 14-2. “;
2o In the third paragraph of article 12, the words: “articles 8-2 and 8-3” are replaced by the words: “articles 8-2 and 14-2”;
3o After article 14-1, an article 14-2 is inserted as follows:
“Art. 14-2. – I. – Minors from sixteen to eighteen years of age who have been referred to the public prosecutor may be prosecuted in the children’s court according to the early judgment procedure in the cases and according to the terms and conditions provided by this present article.
“II. – The short-term trial procedure is applicable to minors who incur a prison sentence greater than or equal to three years in the event of flagrance, or greater than or equal to five years in other cases. It can only be initiated if investigations into the facts are not necessary and if investigations into the personality of the minor have been carried out, if necessary, on the occasion of an earlier procedure of less than one year.
“III. – After having placed in the file of the procedure the personality elements resulting from the investigations mentioned in II, the public prosecutor verifies the identity of the minor referred to him and notifies him of the facts alleged against him in the presence of the lawyer of his choice or of a lawyer appointed by the president at the request of the public prosecutor if the minor or his legal representatives have not chosen a lawyer. As soon as he is appointed, the lawyer can consult the file and communicate freely with the minor.
“After having collected his possible observations and those of his lawyer, the public prosecutor informs the minor that he is brought before the children’s court to be tried there, at a hearing of which he shall notify the date and time and which must take place within a period which may not be less than ten days or more than one month.
“Under penalty of nullity of the procedure, the formalities mentioned in the two preceding paragraphs are the subject of a report, a copy of which is given to the minor and which seizes the juvenile court.
“IV. – Immediately after having carried out the formalities provided for in III, the public prosecutor brings the minor before the children’s judge so that a ruling can be made on his requisitions tending either to the placement under judicial supervision or to the placement in provisional detention of the minor until the judgment hearing.
“The juvenile judge rules by reasoned order which must include the statement of the legal and factual considerations which constitute the basis of the decision, by reference, as the case may be, to the provisions of Articles 137 or 144 of the Code of Criminal Procedure. He decides in a cabinet hearing, after an adversarial debate during which he hears the public prosecutor, who develops his requisitions, then the observations of the minor and those of his lawyer. The juvenile judge may, if necessary, hear during this debate the statements of the representative of the service to which the minor has been entrusted.
“The legal representatives of the minor are informed of the decision of the juvenile judge by any means. The order can be appealed to the investigating chamber; the provisions of articles 187-1 and 187-2 of the code of criminal procedure are then applicable.
“In all cases, when the juvenile judge does not grant the requisitions of the public prosecutor, he may order the measures provided for in articles 8 and 10, if necessary, until the appearance of the minor.
“V. – The juvenile court seised pursuant to this article shall rule in accordance with the provisions of article 13, first paragraph, and article 14.
“He may, however, on his own initiative or at the request of the parties, if he considers that the case is not ready for trial, postpone to a next hearing within a period which may not exceed one month. , by deciding, if necessary, to appoint the juvenile judge to proceed with further information or to order one of the measures provided for in Articles 8 and 10. If the minor is in pre-trial detention or under judicial supervision, the court then decides by specially reasoned decision on the maintenance of the measure. When the minor is in pre-trial detention, the judgment on the merits must be rendered within one month of the day of his first appearance in court. In the absence of a decision on the merits at the end of this period, the pre-trial detention is terminated.
“The juvenile court may also, if it considers that additional investigations are necessary given the gravity or the complexity of the case, refer the case to the public prosecutor. When the minor is in pre-trial detention, the juvenile court decides beforehand on the maintenance of the minor in pre-trial detention until his appearance before the juvenile judge or the examining magistrate. This appearance must take place the same day, failing which the defendant is released automatically.
“VI. – The provisions of this article are also applicable to minors from thirteen to sixteen years of age, provided that the penalty incurred is at least five years of imprisonment, without exceeding seven years. The public prosecutor can only then request that the minor be placed under judicial supervision until his appearance before the juvenile court, in accordance with the provisions of III of article 10-2, at a hearing which must be held in a ten days to two months. “;
4o Article 8-2 reads as follows:
“Art. 8-2. – In correctional matters, the public prosecutor may, at any time during the procedure, if he considers that sufficient investigations into the personality of the minor have been carried out, if necessary during a previous procedure, and that investigations into the facts are not or are no longer necessary, request the juvenile judge to order the appearance of minors either before the juvenile court or before the council chamber, within a period of between one and three month. The provisions of the last two paragraphs of Article 82 and of the first two paragraphs of Article 185 of the Code of Criminal Procedure are then applicable, the appeal or the appeal of the public prosecutor’s office being brought before the president of the special chamber for minors of the court of appeal or its substitute, which will rule within fifteen days of its referral. The appeal or recourse of the public prosecutor will be brought to the attention of the minor, his legal representatives and his lawyer, who may present in writing any useful observations. “;
5o Article 8-3 is repealed.
Section 5
Provisions relating to the trial of minors
by the local court
Article 20
Article 21 of the aforementioned Ordinance No. 45-174 of February 2, 1945 is supplemented by a paragraph worded as follows:
“For police contraventions of the first four classes falling under article 706-72 of the Code of Criminal Procedure, the local judge exercises the powers of the police court under the conditions provided for in this article. ”
Section 6
Provisions relating to the execution of sentences
imprisonment and suspended sentence with probation
Article 21
I. – Ordinance No. 45-174 of 2 February 1945 cited above is thus amended:
1o In the last paragraph of article 20-2, after the words: “by minors”, are inserted the words: “either in a special ward of a penitentiary establishment, or in a specialized penitentiary establishment for minors ”;
2o After article 20-8, an article 20-9 is inserted as follows:
“Art. 20-9. – In the event of the conviction of a minor from thirteen to eighteen years of age to a term of imprisonment with a suspended sentence with probation, the juvenile judge in whose jurisdiction the minor has his habitual residence exercises the powers devolved to the judge responsible for the application of sentences by articles 739 to 741-2 of the code of criminal procedure until the expiry of the probationary period. The juvenile judge, seized of his own motion or at the request of the public prosecutor, also exercises the powers conferred on the criminal court by articles 741-3 to 744-1 of the same code, in particular to order the revocation of the suspension with the test in the event of violation of control measures or of the obligations imposed on the convicted person.
“The trial court may, if the personality of the minor justifies it, match this penalty with one of the measures defined in Articles 16 and 19 of this Ordinance, these measures being able to be modified throughout the duration of the execution of the sentence. sentence by the juvenile judge. In particular, it may decide to place the minor in a closed educational center provided for in article 33.
“The trial court may then compel the convicted person, under the conditions provided for in article 132-43 of the penal code, to the obligation to respect the conditions of execution of the measures referred to in the previous paragraph; failure to comply with this obligation may result in the revocation of the probation period and the execution of the prison sentence.
“The person in charge of the service which oversees the proper execution of the sentence must report to the public prosecutor as well as to the children’s judge in the event of non-compliance by the minor with the obligations imposed on him. ”
II. – Article 744-2 of the Code of Criminal Procedure is repealed.
Section 7
Closed educational centers
Article 22
Article 33 of the aforementioned Ordinance No. 45-174 of February 2, 1945 is worded as follows:
“Art. 33. – Closed educational centers are public establishments or private establishments authorized under the conditions provided for by decree of the Council of State, in which minors are placed in application of a judicial control or a suspension with release. ‘test. Within these centers, minors are subject to surveillance and control measures to ensure enhanced educational and pedagogical monitoring adapted to their personality. The violation of the obligations to which the minor is bound by virtue of the measures which led to his placement in the center may lead, as the case may be, to the placement in pre-trial detention or the imprisonment of the minor.
“The authorization provided for in the preceding paragraph can only be issued to establishments offering education and security suited to the mission of the centers as well as continuity of service.
“At the end of the placement in a closed educational center or, in the event of revocation of the judicial control or of the suspension with probation, at the end of the detention, the juvenile judge takes all measures to ensure the continuity of the educational support of the minor with a view to his lasting reintegration into society. “
Article 23
Article 34 of the aforementioned Ordinance No. 45-174 of February 2, 1945 is thus re-established:
“Art. 34. – When the minor is placed in one of the centers provided for in article 33, family allowances are suspended. However, the children’s judge can maintain them when the family participates in the moral or material care of the child or with a view to facilitating the return of the child to his home.
“The suspended family allowances concern the only part represented by the delinquent child in the calculation of the attributions of family allowances. “
Article 24
I. – In the second paragraph of article 322-1 of the penal code, after the words: “is punished by a fine of 3,750 euros”, the words are inserted: “and a labor penalty general ”.
II. – In the first paragraph of article 322-2 of the same code, after the words: “7,500 euros fine”, the words are inserted: “and a sentence of community service”.
III. – In the first paragraph of article 322-3 of the same code, after the words: “15,000 Euros fine”, are inserted the words: “and a sentence of community service”.
Section 8
Miscellaneous
Article 25
I. – Article 222-12 of the penal code is thus amended:
1o After the twelfth paragraph (11o), a 12o is inserted as follows:
“12o By an adult acting with the help or assistance of a minor. “;
2o In the second sentence of the penultimate paragraph, the words: “1o to 10o” are replaced by the words: “1o to 12o”.
II. – Article 222-13 of the same code is thus amended:
1o After the twelfth paragraph (11o), a 12o is inserted as follows:
“12o By an adult acting with the help or assistance of a minor. “;
2o In the second sentence of the last paragraph, the words: “1o to 10o” are replaced by the words: “1o to 12o”.
Article 26

After article 311-4 of the penal code, an article 311-4-1 is inserted as follows:
“Art. 311-4-1. – Theft is punished by seven years’ imprisonment and a fine of 100,000 Euros when committed by an adult with the help of one or more minors, acting as perpetrators or accomplices.
“The penalties are increased to ten years’ imprisonment and a fine of 150,000 Euros when the adult is helped by one or more minors under the age of thirteen. “

Article 27
In the first paragraph of article 227-17 of the penal code, the word: “seriously” is deleted.
Article 28
Article 227-21 of the penal code is thus amended:
1o In the first paragraph, the words: “usually crimes or misdemeanors” are replaced by the words: “a crime or an offense”;
2o In the second paragraph, after the words: “minor of fifteen years”, are inserted the words: “, that the minor is usually provoked to commit crimes or misdemeanors”.
Article 29
After article 10 of ordinance no. 45-174 of February 2, 1945, aforementioned, article 10-1 is inserted as follows:
“Art. 10-1. – When summoned before the juvenile judge, the examining magistrate, the juvenile court or the juvenile assize court, the legal representatives of the prosecuted minor who do not comply with this summons may, on requisition from the ministry public, be condemned by the magistrate or the court seised to a civil fine, the amount of which may not exceed 3,750 Euros.
“This fine may be reported by the magistrate or the court which pronounced it if they subsequently comply with this summons.
“Persons sentenced to a fine in application of the first paragraph may file an opposition against the conviction before the criminal court within ten days of its notification. “
 

Article 30
In the second paragraph of article 14 of the aforementioned ordinance no 45-174 of 2 February 1945, after the words: “attend the debates”, are inserted the words: “the victim, whether or not he is a party civil, ”.
 

Article 31
I. – Article 8 of Ordinance No. 45-174 of 2 February 1945 cited above is supplemented by a paragraph worded as follows:
“When the penalty incurred is greater than or equal to seven years and the minor is over sixteen years of age , he will not be able to render a judgment in the council chamber. ”
II. – The fifth paragraph (3o) of article 9 of the same ordinance is completed by the words: “; however, when the penalty incurred is greater than or equal to seven years and the minor is over sixteen years of age, referral to the juvenile court is compulsory ”.
 

Article 32
Article 35 of the aforementioned Ordinance No. 45-174 of 2 February 1945 is thus reinstated:
“Art. 35. – The deputies and the senators are authorized to visit at any time the public or private establishments accommodating juvenile delinquents of their department. “

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