Can a minor be the subject of an alternative measure to a criminal trial?

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

Even if the public prosecutor considers that a minor is the perpetrator of a infringement, it may decide not to prosecute it by taking an alternative measure to prosecution. In order to implement it, the prosecutor must consider that this measure allows the damage, an end to the disturbance caused by the offense or that it contributes to the reintegration of the minor. The purpose of this measure is to avoid a trial for the minor, while at the same time making him understand the seriousness of his action. We present you the information to know.

In principle, the law provides that a minor under the age of 13 is not in a position to assess the consequences of his actions. We're talking about presumption of indiscretion.

However, if the public prosecutor finds that the minor is capable of discernment, he may prosecute him or impose an alternative measure to prosecution.

When the public prosecutor considers an alternative measure to prosecution, it summons the minor and his legal representatives. The minor may also be assisted by a lawyer.

Please note

Legal representatives who do not appear before the public prosecutor risk sanctions.

On the day of the summons, the prosecutor proposes an alternative measure to the prosecution of the minor. His proposal is made according to the facts that are reproached to him, his personality, his living conditions and education.

Measures applicable to adults (example: mediation between the offender and the victim) may be offered to minors.

Other alternative measures to prosecution are especially for minors:

  • Carrying out a civic training course (for example, when an offense has taken place at school, this course may, inter alia, make the minor aware of the risks associated with school bullying)
  • Consultation with a psychiatrist or psychologist
  • Obligation of the minor and his/her legal representatives to prove attendance at education or vocational training
  • Proposed reparations for the victim or business. The minor may be offered the opportunity to write a letter to the victim or to speak with him, if he so wishes. The minor may also participate in collective workshops or awareness-raising activities.
  • Prohibition of going and coming on public roads without being accompanied by one of its legal representatives, except for the exercise of a professional activity, for the follow-up of an education or training or for a serious medical or administrative reason. This measure cannot last more than 6 months.

In order for the measure to be implemented, the minor must accept it.

FYI  

In some cases, legal representatives must also consent to the action taken against the minor. For example, they must give their consent for the minor to carry out a reparation measure with regard to the victim or the business.

If the minor refuses the measure, the public prosecutor may decide to implement a criminal composition or to initiate proceedings. If prosecuted, the minor will be tried by a children's judge.

The Parquet may prevent the minor from being tried by offering him an alternative to prosecution. It may take such a decision if it considers that such a measure may be sufficient to ensure reparation for the damage caused to the victim, to eliminate the disturbance caused by the offense and to enable the minor to be reintegrated into the business.

The Public Prosecutor's Office may also propose a penal composition.

The criminal composition may be considered if the following 3 conditions are met:

  • The minor is suspected of having committed a offense punishable by a fine or imprisonment for a term not exceeding five years or related contravention
  • The minor acknowledges that he is guilty of the acts of which he is accused
  • The penal composition appears to be adapted to his personality.

Warning  

Unlike alternative measures to prosecution, the criminal composition executed by the minor is recorded on the bulletin n°1 of his criminal record.

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Alternative measures to prosecution

When the public prosecutor considers an alternative measure to prosecution, it summons the minor and his legal representatives. The minor may also be assisted by a lawyer.

Please note

Legal representatives who do not appear before the public prosecutor risk sanctions.

On the day of the summons, the prosecutor proposes an alternative measure to the prosecution of the minor. His proposal is made according to the facts that are reproached to him, his personality, his living conditions and education.

Measures applicable to adults (example: mediation between the offender and the victim) may be offered to minors.

Other alternative measures to prosecution are especially for minors:

  • Carrying out a civic training course (for example, when an offense has taken place at school, this course may, inter alia, make the minor aware of the risks associated with school bullying)
  • Consultation with a psychiatrist or psychologist
  • Obligation of the minor and his/her legal representatives to prove attendance at education or vocational training
  • Proposed reparations for the victim or business. The minor may be offered the opportunity to write a letter to the victim or to speak with him, if he so wishes. The minor may also participate in collective workshops or awareness-raising activities.
  • Prohibition of going and coming on public roads without being accompanied by one of its legal representatives, except for the exercise of a professional activity, for the follow-up of an education or training or for a serious medical or administrative reason. This measure cannot last more than 6 months.

In order for the measure to be implemented, the minor must accept it.

FYI  

In some cases, legal representatives must also consent to the action taken against the minor. For example, they must give their consent for the minor to carry out a reparation measure with regard to the victim or the business.

If the minor refuses the measure, the public prosecutor may decide to implement a criminal composition or to initiate proceedings. If prosecuted, the minor will be tried by a children's judge.

Criminal composition

The penal composition is a procedure consisting in the performance of obligations proposed by the Parquet and accepted by the minor.

Before the prosecution proposes a criminal composition, it must examine the collection of socio-educational information drafted by the youth judicial protection services.

If it envisages a penal composition, the public prosecutor summons the minor and his legal representatives and sets out to them the obligations it wishes to establish.

The minor and his legal representatives must consent to these obligations in attendance of their lawyer.

Warning  

The criminal composition must also be validated by the children's judge or, for contraventions of the first four classes, by the police court.

In the context of a criminal composition, the public prosecutor may order several measures. Among them are:

  • Prohibition to appear in certain places
  • Regular follow-up of schooling or vocational training
  • Completing a civic training course (for example, when a infringement this internship has taken place at the school and may, in particular, enable the minor to be made aware of the risks associated with school bullying)
  • Compliance with a decision of judicial placement previously pronounced by the judge
  • Consultation with a psychiatrist or psychologist
  • Execution of a voluntary contract for integration.

The period of performance of these obligations may not exceed 6 months.

During this period, the monitoring of the execution of the measure may be entrusted to a youth judicial protection service or to an authorized person (example: association).

If the minor refuses the criminal composition or does not correctly execute the measures imposed on him, the public prosecutor shall initiate proceedings. A trial can therefore take place.

Warning  

Unlike alternative measures to prosecution, the criminal composition executed by the minor is recorded on the bulletin n°1 of his criminal record.

The Parquet may prevent the minor from being tried by offering him an alternative to prosecution. It may take such a decision if it considers that such a measure may be sufficient to ensure reparation for the damage caused to the victim, to eliminate the disturbance caused by the offense and to enable the minor to be reintegrated into the business.

The Public Prosecutor's Office may also propose a penal composition. The criminal composition can be considered under three cumulative conditions:

  • The minor is suspected of having committed a offense punishable by a fine or imprisonment for a term not exceeding five years or related contravention
  • The minor acknowledges that he is guilty of the acts of which he is accused
  • The penal composition appears to be adapted to his personality.

Warning  

Unlike alternative measures to prosecution, the criminal composition executed by the minor is recorded on the bulletin n°1 of his criminal record.

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Alternative measures to prosecution

When the public prosecutor considers an alternative measure to prosecution, it summons the minor and his legal representatives. The minor may also be assisted by a lawyer.

Please note

Legal representatives who do not appear before the public prosecutor risk sanctions.

On the day of the summons, the prosecutor proposes an alternative measure to the prosecution of the minor. His proposal is made according to the facts that are reproached to him, his personality, his living conditions and education.

Measures applicable to adults (example: mediation between the offender and the victim) may be offered to minors.

Other alternative measures to prosecution are especially for minors:

  • Carrying out a civic training course (for example, when an offense has taken place at school, this course may, inter alia, make the minor aware of the risks associated with school bullying)
  • Consultation with a psychiatrist or psychologist
  • Obligation of the minor and his/her legal representatives to prove attendance at education or vocational training
  • Proposed reparations for the victim or business. The minor may be offered the opportunity to write a letter to the victim or to speak with him, if he so wishes. The minor may also participate in collective workshops or awareness-raising activities.
  • Prohibition of going and coming on public roads without being accompanied by one of its legal representatives, except for the exercise of a professional activity, for the follow-up of an education or training or for a serious medical or administrative reason. This measure cannot last more than 6 months.

In order for the measure to be implemented, the minor must accept it.

FYI  

In some cases, legal representatives must also consent to the action taken against the minor. For example, they must give their consent for the minor to carry out a reparation measure with regard to the victim or the business.

If the minor refuses the measure, the public prosecutor may decide to implement a criminal composition or to initiate proceedings. If prosecuted, the minor will be tried by a children's judge.

Criminal composition

The penal composition is a procedure consisting in the performance of obligations proposed by the Parquet and accepted by the minor.

Before the prosecution proposes a criminal composition, it must examine the collection of socio-educational information drafted by the youth judicial protection services.

If it envisages a penal composition, the public prosecutor summons the minor and his legal representatives and sets out to them the obligations it wishes to establish.

The minor and his legal representatives must consent to these obligations in attendance of their lawyer.

Warning  

The criminal composition must also be validated by the children's judge or, for contraventions of the first four classes, by the police court.

In the context of a criminal composition, the public prosecutor may order several measures. Among them are:

  • Prohibition to appear in certain places
  • Regular follow-up of schooling or vocational training
  • Completing a civic training course (for example, when a infringement this internship has taken place at the school and may, in particular, enable the minor to be made aware of the risks associated with school bullying)
  • Compliance with a decision of judicial placement previously pronounced by the judge
  • Consultation with a psychiatrist or psychologist
  • Execution of a voluntary contract for integration.

The period of performance of these obligations may not exceed 6 months.

During this period, the monitoring of the execution of the measure may be entrusted to a youth judicial protection service or to an authorized person (example: association).

If the minor refuses the criminal composition or does not correctly execute the measures imposed on him, the public prosecutor shall initiate proceedings. A trial can therefore take place.

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