Court of Assize for Minors

Verified 13 August 2026 - Public Service / (Prime Minister)

The Assize Court for Minors is a departmental jurisdiction responsible for judging minors aged 16 or over, who have committed a crime. It is composed of 3 professional judges and 6 jurors. The juvenile assize court shall rule on the minor's guilt and the penalty applicable to him. This decision can be challenged. We present you the information to know.

In principle, only minors aged 16 or over who have committed a crime may be tried before the juvenile assize court.

However, that court also has jurisdiction to try a minor accused of the following acts:

  • One offense or a crime committed before age 16, if they are related or inseparable from the crime committed after 16 years
  • An offense or crime committed from 18 years if the facts are connected or inseparable with a crime committed by a minor who is at least 16 years old.

Example :

When a minor commits a series of rapes between the ages of 14 and 17, infringements may be tried by the juvenile assize court, as these are inseparable crimes.

When a 17-year-old child steals a car for the purpose of using it to commit an armed robbery after reaching the age of majority, the Juvenile Assize Court has jurisdiction, as these two offenses are related.

Please note

One major may be tried by the juvenile assize court if he is the co-author or the accomplice of an offense or crime committed by a minor. They will be tried in a single trial. The decision to have the adult tried by the juvenile assize court is taken by the investigating judge in charge of the case.

At the end of judicial information, the investigating judge may decide to dismiss the accused before the juvenile assize court. This referral may have consequences for the maintenance of security measures.

By what decision is the accused referred to the juvenile assize court?

In order to refer the accused to the juvenile assize court, the investigating judge shall issue a Indictment Order (AMO).

The order shall indicate, inter alia, the identity of the minor and the infringements of which he is accused.

The indictment order must be notified the minor and his legal representatives (or to a appropriate adult).

FYI  

The minor's lawyer (or legal representatives) may appeal against the the Indictment Order (AMO) in front of investigation chamber. The time limit for appeal is 10 days from the notification of the AMO.

What happens to the minor between the AMO and the trial before the Assize Court?

After the judge gave the Indictment Order (AMO), the security measures may continue to produce their effect. Thus, the minor remains placed under judicial review or under house arrest with an electronic bracelet. If placed in pre-trial detention, he remains in prison.

The investigating judge may also decide to maintain the interim judicial educational measure taken against the minor.

All these measures last until the trial before the juvenile assize court.

FYI  

If the minor was in pre-trial detention before the AMO pronouncement, it shall be tried in a 6 months delay following the day on which that order became definitive. Whether the minor has been remanded in custody after the AMO, the period of 6 months shall run from the time of the minor's detention.

Except in exceptional cases, the minor is released if this time limit is not respected.

Before the Assize Court for Minors, the accused (minor) must be assisted by a lawyer.

The minor and/or his legal representatives may appoint the lawyer of their choice.

If the minor has not chosen a lawyer before the hearing, the President of the Bar Association shall designate a public defender.

If he doesn't have a lawyer at the hearing, the minor (or his/her legal representatives) may apply to the president of the juvenile assize court for a lawyer assigned to him/her.

Please note

The civil party (minor) must also be assisted by a lawyer. If she (or her legal representatives) has not chosen a lawyer, the president of the juvenile assize court shall appoint one of his own motion.

The services of the lawyer are paying, even when it was assigned.

FYI  

If the minor (accused or civil party) or his legal representatives have low income, they may apply legal aid. This request must be made before or at course of the procedure concerning the minor.

Before the juvenile assize court, the hearing takes place in several stages: the reminder of the facts alleged against the minor, the debates, the pleadings, the deliberate, and then the delivery of the decision by the cour d'assises.

How are the proceedings before the juvenile assize court conducted?

Persons heard during the debates

The President of the Court shall direct the proceedings. He is the one who gives the floor to the different people of the trial.

The President shall question the accused minor before proceeding to the hearing of witnessesexperts and the victim. The list of witnesses and experts was drawn up previously at the request of the minor, the public prosecutor and the victim.

After the President has given his authorization, the assessors, the jurors and lawyers can ask questions to the accused, witnesses, experts and the victim. The accused and the victim may also ask questions through the Chairperson.

Please note

The sound or audiovisual recordings are forbidden. However, the president may authorize them if he considers that this is of interest for the continuation of the trial (for example, the minor finally confesses to having committed the crime).

Persons authorized to attend the debates

In principle, the debates before the juvenile assize court take place in front of a restricted public. We are talking about restricted advertising.

Exceptionally, debates can be public.

Restricted advertising

When the restricted advertising applies, alone the following persons may attend the debates:

  • Victim (whether or not she was civil party)
  • Witnesses to the case
  • Legal representatives
  • Person to whom the minor was temporarily entrusted when he committed the offense
  • Close relatives of the minor
  • Appropriate adult
  • Representatives of the educational services that follow the minor
  • Lawyer
  • Personnel of the services designated to follow the minor.

Please note

In certain circumstances, the Juvenile Assize Court may decide that the proceedings must take place in camera. Thus, only the accused, his legal representatives, the plaintiff and the lawyers shall be allowed to attend the debates.

The Juvenile Assize Court may prohibit access to the courtroom, if the content of the proceedings is dangerous for public order or morals.

For certain crimes (rape, torture accompanied by sexual assault, pimping aggravated, etc.), in camera is granted, without conditions, to the civil party who asks for it.

In other cases, the in camera may be ordered only if one of the civil parties does not oppose it.

Public debates

The Assize Court for Minors may decide that the proceedings will be public if the following three conditions are met:

  • The offender, who was a minor at the time of the offense, became an adult at the opening of the hearing
  • The minor, the public prosecutor or another accused person so requests
  • The personality of the accused (minor) does not prevent it.

The Assize Court for Minors may accept or refuse the request for publicity of the proceedings.

Before issuing its decision, the juvenile assize court hears the public prosecutor's office and the lawyers of the parties. It also takes into account the interests of the business, the accused and the victim.

Warning  

If one of the defendants is a minor at the hearing, the Juvenile Assize Court will inevitably refuse the request for publicity of the proceedings.

The decision on the publicity of the proceedings is well-argued and cannot be challenged.

Please note

In certain circumstances, the Juvenile Assize Court may decide that the proceedings must take place at in camera. Thus, only the accused, his legal representatives, the plaintiff and the lawyers shall be allowed to attend the debates.

The Juvenile Assize Court may prohibit access to the courtroom, if the content of the proceedings is dangerous for public order or morals.

For certain crimes (rape, torture accompanied by sexual assault, pimping aggravated, etc.), in camera is granted, without conditions, to the civil party who asks for it.

In other cases, the in camera may be ordered only if one of the civil parties does not oppose it.

How are the pleadings before the Assize Court for Minors conducted?

Oral arguments shall begin after the closure of the proceedings. They take place in the following order:

  • Argument of the civil party, or his lawyer
  • Requisitions of the advocate general during which he proposes a sentence for the minor or requests his acquittal
  • Argument by the minor's lawyer accused.

FYI  

After the plea of his lawyer, the accused minor has the right to speak.

How did the hearing before the juvenile assize court end?

Immediately after the plea of his lawyer, the accused minor has the right to express himself.

The jury then withdraws to deliberate on the minor's guilt and the sentence that may be applied to him.

After the jury has agreed on the guilt and the applicable sentence, the juvenile court renders its decision.

FYI  

Even if the debates have taken place in front of a restricted public (or in camera), the decision of the court of assizes for minors is always made public in the presence of the accused minor.

At the end of the pleadings, the Juvenile Assize Court and jurors retreat to the deliberation room to answer questions about the minor's guilt and possible conviction.

The deliberate is secret and comprises 2 phases : the deliberation on guilt, then the deliberation on sentence.

How was the guilt of the minor tried before the Assize Court determined?

A majority of 7 votes is necessary for any decision unfavorable to the minor. Voting is done in writing, anonymously.

If the minor is found not guilty, he is acquitted. If he is found guilty, the vote continues.

The President of the Court shall put the following question to the assessors and jurors: Is there a need for a criminal conviction?

FYI  

The minor may be guilty while avoiding a criminal conviction (prison, fine, etc.). In this case, the court may order a educational measure.

What penalties could apply to minors tried before the Assize Court?

The minor may be sentenced to several penalties depending on the offense committed and his/her personal situation (e.g. prison, fine, socio-judicial monitoring)

FYI  

In parallel with a penalty, the minor may be ordered to pay damages and interest to the civil party.

The decision is made at the absolute majority voters (at least 5 votes).

Please note

The maximum prison sentence incurred may be pronounced only by a majority of 6 votes.

If the court decides to sentence the minor to prison and/or a fine, it answers the following question: Should the accused be excluded from the benefit of the reduced sentence?

This question concerns the application of the minority excuse.

Minority apology applied

If the minority excuse is applied, the prison sentence imposed on the minor must be less than half the one that adults risk.

Example :

A minor is convicted of kidnapping and forcible confinement. For adults, the penalty is 20 years of criminal imprisonment. A minor who benefits from the minority excuse may not be sentenced to more than 10 years' imprisonment.

When the offense incurs the life span, the minor may only be sentenced to sentence of less than 20 years' imprisonment.

Whatever the amount of the fine incurred for adults, the amount of the fine that may be imposed on the minor must not exceed €7,500.

Minority excuse not applied

Exceptionally, the juvenile court may decide not to apply the minority excuse. In this case, it must make a special decision, different from the verdict.

This decision must be justified by the circumstances of the case and the personality of the minor.

Where the minority excuse does not apply, the minor risks the same penalties as adults (except life). Indeed, if the offense he committed incurs life span, the penalty that may be imposed on him shall be 30 years' imprisonment.

Example :

A minor who committed an assassination was liable to 30 years' imprisonment, while an adult could be sentenced to life imprisonment.

It is possible to appeal the decision of the juvenile court of assizes.

The call is made by declaration to the graft of the court of assizes which issued the decision. It must be made within 10 days of the pronouncement of the judgment.

When an appeal is made, it is court of assizes of appeal for minors which is competent. This court has the same functioning as a juvenile assize court, except on the following 3 points:

  • The number of jurors is 9 people
  • The number of votes necessary to find the minor guilty is increased to 8
  • The number of votes required to decide on a sentence is increased to 7 (or 8 if the sentence imposed is the maximum penalty).

In principle, the Court of Assize of Appeal for minors completely reconsider the case.

Nevertheless, when the appeal is made by the minor or the public prosecutor, the challenge may be limited to the length of the sentence and not on guilt. Thus, the Court of Assize of Appeal for Minors decides only the length of the sentence.

FYI  

Where the appeal has been brought by the minor, the court of appeal may not impose a more severe penalty than first instance.

If the Court of Assize of Appeal for Minors has not correctly applied the law or if a procedural error has been made, the minor (or his legal representatives) can make a appeal on a point of law.

This challenge must be made to the registry of the court of assizes of appeal of minors, within 10 clear days following the pronouncement of the decision.

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