Proceedings against a minor suspected of an offense

Verified 31 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

From the outset of proceedings against a minor suspected of an offense, proceedings shall be conducted under the authority of the Parquet. This authority then forwards the file to the competent court (children's judge, children's court or investigating judge). The orientation of the file depends on the nature and severity of the the offense committed, the minor's personality, living and educational conditions. We present you the information to know.

Throughout the procedure, the minor must be assisted by a lawyer. This professional is kept informed of all the elements of the file.

FYI  

If the minor or his legal representatives do not have sufficient financial resources to pay the lawyer's fees, they can make a application for legal aid.

In addition, the minor has the right to be accompanied by his legal representatives at all stages of the procedure. They are summoned to hearings, interrogations and hearings which concern the minor.

They also receive the same information as the minor regarding the ongoing proceedings.

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 be informed and to accompany him or her throughout the case. It's a appropriate adult.

Following a detention or custody, the minor shall be brought before the public prosecutor so that he can decide what to do with the case.

After hearing the minor, the prosecutor can consider 3 solutions: he can decide

  • not to prosecute the minor,
  • to set an alternative to prosecution
  • or to pursue it.

Please note

At any time, the public prosecutor assesses the need to refer the matter to the departmental child protection services.

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No lawsuit

The public prosecutor may decide that the minor should not be prosecuted for one for the following reasons:

  • There was no punishable act or the offense is of low severity
  • The evidence against him is insufficient
  • The minor is ultimately not involved in the commission of the offense
  • The presumption of indiscretion a minor under 13 years of age is detained. In this case, the public prosecutor must refer the case to the child welfare agency (Ase) if the situation of the minor so requires.

When the public prosecutor decides not to prosecute, he is said to close the case no follow-up.

Alternative to prosecution

The public prosecutor may consider that the minor is guilty of the acts of which he is accused without prosecuting him. In this case, it may fix a alternative measure to prosecution.

The alternative to prosecution can be decided if the following 2 conditions are met:

  • The minor is capable of discernment
  • This measure can allow the compensation of the damage caused to the victim, to put an end to the disorder caused by the offense or to participate in the integration of the minor in the business.

When the minor correctly executes the measure set by the public prosecutor, the case is terminated. They say the case is filed without follow-up.

On the contrary, when the minor refuses the alternative measure or improperly executes it, the public prosecutor may set up a penal composition or decide to sue him.

Warning  

The penal composition cannot not be provided for minors under 13 years of age.

Prosecutions

If the public prosecutor considers that the minor may be prosecuted, he or she shall transmit the case to a trial court (juvenile judge or juvenile court) or to the investigating judge.

When the file is transmitted to a court of trial, the public prosecutor presents the minor to the judge of liberty and detention (JLD). This judge rules on the potential implementation of a provisional judicial educational measure and/or a security measure.

Whatever the prosecutor's decision, collection of socio-educational information is made for the day of the hearing. It provides information on the situation of the minor to the judge.

In general, the investigation conducted under the authority of the public prosecutor leads to a educational testing. In this case, the minor may be summoned to appear before the juvenile judge or the juvenile court. The summons is issued to the minor by a clerk, a OPJ, one APJ or a delegate of the public prosecutor.

FYI  

If the public prosecutor intends to request a safety measure against the minor, he brings him before him. The minor is brought before the juvenile judge or the juvenile court after the deferral.

In certain special circumstances, the minor shall be brought before juvenile court so that he may judge him at a single audience.

Finally, if the minor is accused of a crime or whereas the case requires further investigation, the Parquet forwards the file to investigating judge which opens a judicial information.

Educational testing

In the majority of cases, the educational probation procedure (EMEP) takes place before the juvenile judge (in the council chamber, i.e. directly in his office). If the minor is over 13 years of age and has committed certain offenses whose list is restrictive, this procedure takes place before the juvenile court.

The educational testing procedure takes place in 3 steps :

  • Firstly, the competent court determines whether the minor is guilty (or not) of the acts of which he is accused. We're talking about the guilty review hearing. The Juvenile Judge or the Children's Court (TPE) may also determine the damages which must be paid to the civil party.
  • Following this hearing, a period of educational testing start. It lasts between 6 and 9 months. During this period, several measures may be put in place (e.g. safety measure and/or an interim judicial educational measure).
  • Finally, the competent court shall rule on the penalty applicable to the minor when the hearing on the imposition of the penalty.
  • If the minor has given satisfaction during his educational probation, the children's judge or the court may order an exemption from educational measures, an exemption from punishment or a declaration of educational achievement.

FYI  

If the issue of compensation to the victim was not decided at the hearing on the examination of guilt, the juvenile judge or the VET decides on this point at the hearing on the imposition of the penalty. He can ask the legal representatives the minor or the person to whom he was entrusted at the time of the offense, to pay damages to the victim.

Single Audience

When a single audience is planned, the public prosecutor refers the case to the juvenile court after the deferral of the minor.

FYI  

Where the facts are simple and/or of low gravity, the juvenile court may decide to pronounce on the sanction at the time of the guilty hearing. The minor is therefore tried in a single hearing. For that purpose, it is also necessary for the court to consider that it has been sufficiently informed about the minor’s personality.

At the single hearing, the juvenile court decides on the minor's guilt and, if found guilty, on the penalty to be imposed.

The court also settles the issue of compensation due to civil party. He can ask the legal representatives the minor or the person to whom he was entrusted at the time of the facts, to pay him damages.

Judicial Information

In matters criminal, the public prosecutor who decides to prosecute a minor must always transmit the case to the investigating judge.

In matters delict (or for 5th class tickets), it may refer the case to the judge if the case is complex and/or concerns both minors and adults (for example, this may be the case when the minor is part of a drug trafficking network).

The minor is brought before the examining magistrate at a first appearance questioning.

The purpose of this interrogation is to assess the social, family, psychological and educational difficulties that the minor is facing. For this reason, the minor and his legal representatives shall be heard by the investigating judge.

At the end of this interrogation, the minor may be indicted. The examining magistrate may also pronounce a interim judicial educational measure and a security measure against him.

FYI  

If he intends to place the minor in pretrial detention, the examining magistrate must refer the case to judge of liberty and detention for a decision on this measure, after a adversarial debate. If pretrial detention is ordered, the investigating judge must issue a provisional judicial educational measure.

During the judicial inquiry, the investigating judge seeks all the elements that would allow him to establish the truth about the circumstances of the case.

Once he feels he has the necessary elements, the judicial inquiry ends. The examining magistrate shall issue one of the following decisions:

  • A dismissal order which allows the minor to be exonerated
  • An order for reference to the judge for children in the event of offense or 5th class ticket accused of a minor under 13 years of age
  • An order for reference to the juvenile court whether the minor has between 13 and 16 years old and he committed a misdemeanor or a contravention of 5th class or whether the minor has under 16 and that he committed a crime
  • An indictment order before the court of assizes for minors if the young person is over 16 years of age and has committed a crime (or related offense to a crime).

FYI  

After an investigation, the juvenile's judgment by the juvenile judge or the juvenile court always takes place at a single audience. Thus, the juvenile court decides at the same time on the minor's guilt and on the applicable penalty.

FYI  

For the first 4 classes, if the public prosecutor decides to prosecute the minor, he forwards the file to the police court.

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