five things to know about juvenile justice

The juvenile criminal justice code (CJPM) brings together the main principles of justice for minors with the aim of protecting them and punishing them when necessary.

While indictments of minors have increased in recent weeks in France for sometimes fatal attacks, franceinfo takes stock of the specificities of juvenile criminal justice. Whatever the seriousness of the facts, the procedures are different from justice for adults. Formalized in the order of February 2, 1945, the main principles of juvenile justice have been grouped together, since September 2021, in the juvenile criminal justice code (CJPM).

A suitable procedure

“Minors are not miniature adultsunderlines Emmanuelle Goby, lawyer at the Paris bar interviewed by franceinfo. If adolescents are more inclined to ‘act out’, it is because of a deficit in cognitive control linked to the metamorphoses of their brain. Their prefrontal cortex – responsible for managing emotions and reasoning and organizational skills – is in full development. This has very significant consequences on a physical, hormonal and psychosocial level.” For these reasons, juvenile justice is adapted to the specificities of the public concerned. Under the International Convention on the Rights of the Child (CRC) of November 21, 1989, it is rendered in specialized jurisdictions (children’s court or juvenile court) and by professionals specializing in children’s issues. .

In its preamble, the CIDE recalls that the child “due to his lack of physical and intellectual maturity needs special protection and special care, including appropriate legal protection.” An essential text according to Emmanuelle Goby, who believes that it would be “aberrant” that our judicial system treats minors with as much severity as adults, since these minors “are not equipped, on a neurological level, with the same means of controlling their actions as adults.”

Detention or police custody

A minor suspected of having committed a serious offense, regardless of his or her age, can be arrested by the police or gendarmerie. Before the age of 10, he cannot be detained under any circumstances. Between 10 and 13 years old, he cannot be kept in custody but only held for 12 hours, extendable to 12 hours under certain conditions.

For minors aged 13 to 16, police custody is possible. It can last 24 hours and be extended up to 48 hours if he is suspected of having committed or attempted to commit a crime or an offense with a penalty equal to or greater than five years of imprisonment. Beyond 16 years, the police custody regime is almost identical to that of adults: 24 hours renewable once, i.e. 48 hours in total (it can be increased to 96 hours in certain cases, in particular for cases organized delinquency, aggravated pimping, drug trafficking and terrorism and even reach six days, particularly in anti-terrorism investigations).

Whether detained or kept in custody, the minor is protected by certain “compulsory rights”, underlines Emmanuelle Goby. His family must be notified by all means, a court-appointed lawyer must assist him, a medical examination is required before the age of 16 and finally, an audiovisual recording of the interrogations is obligatory.

The presumption of non-discernment

Minors under the age of 13 are protected by a principle of presumption of non-discernment. Article L.11-1 of the juvenile criminal justice code provides: “When they are capable of discernment, minors are criminally responsible for the crimes, misdemeanors or contraventions of which they are found guilty. Minors under the age of thirteen are presumed not to be capable of discernment.” Their criminal liability cannot then be engaged.

This presumption of non-discernment can be revoked under three criteria, explains Emmanuelle Goby: “The investigation must demonstrate that the minor has the capacity to understand what he was doing, that he intended to commit the offense and that he understands the meaning of the proceedings initiated against him.” In this case, the Prosecutor can either decide on an alternative measure to prosecution, or refer the case to the children’s judge who can only order educational measures. No sanction limiting the freedom of a minor under 13 years of age may be imposed.

Minors over the age of 13 can only be sentenced to imprisonment as a last resort and depending on the seriousness of the offense. Under the order of February 2, 1945, in these cases they benefit from a minority excuse. They can therefore only be sanctioned less severely than an adult. The juvenile court or assize court cannot impose a custodial sentence greater than half of the sentence incurred by an adult. If the penalty incurred is life imprisonment, they cannot impose a sentence of more than twenty years.

The balance between education and sanction

“The CJPM establishes the principle of primacy of the educational over the repressive”, recalls Emmanuelle Goby. From the beginning of the code, it is stipulated that decisions taken with regard to minors tend to “their educational and moral recovery as well as the prevention of recidivism and the protection of the interests of victims.” The right balance between sanction and education is “essential to enable minors to become autonomous, responsible adults who are respectful of others”believes the lawyer.

According to her, “a minor who commits offenses on a regular basis is often a minor in danger in his family environment and who must be protected. A failure of parents is often hidden behind children who commit offenses. Education helps teach them to resolve problems in a peaceful and constructive manner and to control their emotions by developing their self-esteem.” Judicial educational measures can thus be imposed. It is possible to combine them with placement, health care, awareness training or a ban on coming into contact with the victim.

Juvenile prisons

As a last resort and respecting the minority exception, the judge can also impose a prison sentence on a minor over 13 years old. In this case, an educator from the judicial protection of young people (PJJ) interviews the minor and his parents to understand what led the minor to commit the offense and writes an in-depth report. Placement in home detention under electronic monitoring may also be considered.

The French prison system includes six penitentiary establishments for minors and 43 wards for minors located within remand centers. These establishments place education at the heart of the care of the minor. It is ensured jointly by supervisory staff from the prison administration, professionals in the judicial protection of youth (educators and psychologists) and teachers from National Education. Please note that a minor’s criminal record is erased after three years.