What adult can assist a suspected minor in criminal proceedings?
Verified 09 July 2026 - Public Service / (Prime Minister)
In principle, the legal representatives the minor shall be informed of the criminal proceedings against him. They can accompany and support him throughout the case. Where the minor is unable to benefit from the support of his or her legal representatives (their identity is unknown or their presence is deemed harmful to him or her), he or she may appoint another adult to accompany and assist him or her. It is a appropriate adult. We present you the information to know.
Warning
Durant any criminal proceedings, the suspected minor must be assisted by one lawyer.
Legal representatives
The suspected minor and his legal representatives receive the same information.
The legal representatives are therefore informed, by any means :
- From free hearing, the detention or custody the minor and the reasons for the measure
- Certain rights enjoyed by the minor (for example, the right to request a medical examination)
- Of all decisions taken against the minor by the Parquet, the investigating judge or the court of trial (e.g. children's judge, juvenile court)
- The right to challenge decisions taken against the minor and the time limit within which the appeal may be lodged
- From the minor's registration to Fijais or at Fijait and the consequences of that
- Exchanges of information between the various services responsible for the care of minors and their judicial monitoring (judicial protection of young people, associations, etc.).
Depending on the case (free hearing, detention or custody), the choice of the lawyer is left to the legal representatives or the minor himself.
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Free hearing
The minor freely chooses his lawyer. If he has not done so, the lawyer may be appointed by his legal representatives.
Where the investigation relates to a crime or a offense punishable by imprisonment and the minor or his legal representatives do not choose a lawyer, the president of the bar shall designate one. So it's a public defender.
Restraint
The lawyer is chosen by the legal representatives of the suspected minor (aged between 10 and 13).
Where the investigation relates to a crime or a offense punishable by imprisonment and the legal representatives of the minor not choosing a lawyer, the president of the bar shall designate one, from the start of the detention. So it's a public defender.
Custody
A minor between the ages of 13 and 18 may choose his own lawyer. If it has not done so, its legal representatives may appoint one or request that it be appointed ex officio. The minor must confirm this choice so that the lawyer can assist him.
Where the investigation relates to a crime or a offense punishable by imprisonment and the minor or his legal representatives do not choose a lawyer, the president of the bar shall designate one, from the beginning of police custody. So it's a public defender.
Reminder
The lawyer assists the minor throughout the criminal proceedings.
Under certain conditions, the legal representatives are summoned to the hearings and interrogations of the minor. Nevertheless, they are of course summoned to hearings concerning the suspected minor.
In the event of a summons, the legal representatives are obliged to attend the hearing, hearing or interrogation of the minor.
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Hearings and interrogations
A legal representative may be summoned to the minor's hearings and interrogations when two conditions are met:
- It is in the interest of the minor that he be accompanied by an adult
- Accompanying the minor does not interfere with the conduct of criminal proceedings.
FYI
Once a legal representative has been contacted, the investigators must wait 2 hours before hearing or questioning the minor.
If the legal representative does not attend the hearing or the interrogation of the minor to whom he is summoned, the judge may take the following two measures:
- Order that he be brought before him by the forces of order
- Order him to pay a fine of up to €7,500 and an internship in parental responsibility.
If the legal representative misses a hearing or an interrogation but in response to the following summonses, the judge may cancel the fine.
Hearings
Summons to the hearing
The legal representatives shall be summoned to the following hearings:
- Trial hearings held by the children's judge, the juvenile court and the court of assizes for minors. They attend and are always heard when the hearing takes place before the juvenile judge or the juvenile court.
- Hearings of the investigating judge, the children's judge, the children's court or judge of liberty and detention when a measure restricting liberty before the imposition of a penalty
- Hearings on a judicial educational measure, on the application of a socio-judicial monitoring, of a probationary stay or a house arrest under electronic surveillance.
Measures in case of unjustified absence from the hearing
If the legal representative does not appear at the hearing, the judge may take the following 2 measures:
- Order that he be brought before him by the forces of order
- Order him to pay a fine of up to €7,500 and an internship in parental responsibility.
FYI
If the legal representative misses the hearing but responds to the following summonses, the judge may cancel the fine.
Certain measures may be decided only with the consent of legal representatives of the minor. In particular, they must agree to one of the following measures:
- Measurement of restorative justice
- Referral to a health, social or professional structure
- Compensation measure for the victim
- Measurement of penal composition
- House arrest under electronic surveillance.
The legal representatives assist the minor in understanding and applying the measure.
Thus, at the end of the hearing or hearing, the minor and his/her legal representatives receive a summons before the Youth Judicial Protection Service (PJJ).
During the interview (which takes place within 5 days of the summons), this service explains to them the consequences of the measure taken against the minor.
Appropriate adult
An appropriate adult is a person who accompanies a minor suspected of having committed a crime. offense, in all stages of criminal proceedings.
He is called upon when the legal representatives the minor cannot assist him.
The appropriate adult may be:
- Either an adult chosen primarily from among the minor's relatives (for example, a brother, sister or grandparents)
- Either one ad hoc administrator.
The appropriate adult must be designated in one of the following cases:
- The presence of legal representatives is not possible, because they have remained unreachable despite the efforts of the investigators or because their identity is unknown
- The presence of the minor's legal representatives could harm the child's interest
- The presence of legal representatives could seriously jeopardize the criminal proceedings against the minor.
In principle, the appropriate adult is chosen by the suspected minor. In this case, the choice of the minor must be validated by the investigators who are based on the best interests of the child.
If the minor has not chosen a suitable adult or if his choice is refused by the investigators, the public prosecutor, the children's judge or the investigating judge means an appropriate adult. This choice is always made according to the interests of the minor.
The appropriate adult is responsible for receiving information for the minor and accompanying him or her during the procedure.
Warning
The appropriate adult does not have exactly the same rights as legal representatives. For example, he could request a medical examination for the minor, but he could not choose a lawyer in his place.
What information does the appropriate adult receive about the suspected minor?
The appropriate adult receives the same information as that communicated to the minor during the proceedings (summons to hearings, rights of minor detained or held in police custody, registration of the minor in the Fijais or at Fijaitetc.).
On what occasions can the appropriate adult accompany the suspected minor?
The appropriate adult may accompany the minor during the stages of the proceedings to which he is summoned (hearing, hearing or interrogation).
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Optional summons for hearing or questioning
The appropriate adult may be summoned to the minor's hearings and interrogations when 2 conditions are met:
- It is in the interest of the minor to be accompanied by an adult
- Accompanying the suspected minor does not interfere with the conduct of criminal proceedings.
Once the appropriate adult has been contacted, investigators must wait for a 2 hour delay to begin the hearing or questioning of the minor.
FYI
During an interrogation of custody, the appropriate adult may request the minor's medical examination.
Mandatory summons for a hearing
The appropriate adult is called to the following hearings:
- Trial hearings before the children's judge, the juvenile court and the court of assizes for minors
- Hearings of the investigating judge, the children's judge, the children's court or judge of liberty and detention when a measure restricting liberty before the imposition of a penalty
- Hearings on a judicial educational measure, on the application of a socio-judicial monitoring, of a probationary stay or a house arrest under electronic surveillance.
If the conditions that led to the designation of the appropriate adult are no longer met, the legal representatives of the minor regain their rights (right to information, right to accompany the minor, etc.). Thus, the mission of the appropriate adult is terminated.
There is no specific rule concerning the notification the end of mission of the appropriate adult. In principle, the appropriate adult is informed by the registry of the judge in charge of the case, in writing or orally.
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The informants who answer you belong to the Department of Justice.
Assistance of a legal representative or appropriate adult
Right of the minor to be informed and accompanied by an adult
Maintenance of the minor and his legal representatives for the implementation of a measure
Service Public
Ministry of Justice