Juvenile criminal law

Initial situation

Our client, Mr. D., a minor at the time of the events, was prosecuted before the juvenile court for aggravated violence with three aggravating circumstances - premeditation, use of a weapon and commission as a group - resulting in total work incapacity. The alleged facts were of exceptional gravity: a concerted attack during which the victim suffered several stab wounds to the thigh. Mr. D. attended the hearing on conditional liberty, with no prior record, as part of proceedings involving several co-defendants. The stakes were considerable: a heavy sanction could have permanently compromised his schooling and future career.

The specific framework of juvenile criminal justice

Juvenile criminal justice follows specific rules that are fundamentally different from those applying to adults. Since the entry into force of the Juvenile Criminal Justice Code (CJPM) in 2021, proceedings are organised around an educational logic: before sanctioning, the court seeks to understand and to provide support.

The guilt hearing

Unlike the procedure applicable to adults, juvenile justice now systematically separates the guilt hearing from the sentencing hearing. If guilt is established, an educational probation period is ordered: the minor is placed under the supervision of an educational service that accompanies them, observes their progress and reports back to the judge before the sentencing hearing. A large part of the eventual outcome is decided during this phase.

The sentencing hearing

At the second hearing, the court hands down a sanction taking into account both the gravity of the facts and the minor's development during the educational measure. The quality of the work done with the minor during this phase is often as decisive as the closing argument itself.

Defence strategy

1. Mastering the guilt phase

At the guilt hearing, the defence presented Mr. D. not as a hardened offender, but as an adolescent without prior record, from a stable family environment, whose involvement in the events deserved to be examined with nuance, in light of the role played by each co-defendant.

2. Building an exemplary personality file

During the educational probation period, the firm worked in close coordination with the family and the educational service to build a personality file demonstrating Mr. D.'s genuine commitment to his schooling, his efforts to take responsibility and the support given by those around him.

3. Supporting the minor throughout the educational measure

The lawyer kept in regular contact with Mr. D. and his family throughout the educational measure, actively preparing the sentencing hearing by gathering statements of support, school reports and any evidence showing the minor's positive development.

What this case illustrates

Given the exceptional gravity of the facts - violence with a weapon, premeditation, commission as a group - a heavy sanction including placement or imprisonment was the most likely outcome. The court instead handed down an educational measure, allowing Mr. D. to continue his schooling and to build his future outside the prison system.

This case shows that in the most serious matters involving minors, the outcome is prepared from the guilt hearing onwards and is built throughout the educational probation period. Personal support and the quality of the personality file are often the decisive factor.

What the law says: juvenile criminal justice

The Juvenile Criminal Justice Code (CJPM), which came into force on 30 September 2021, organises a two-stage procedure for minors aged 10 to 18. The educational probation order (OME) provided for at Article L. 132-1 CJPM allows the court, once guilt has been established, to defer sentencing and entrust the minor to an educational service for a period of up to one year.

Article L. 132-2 CJPM provides that the juvenile judge or the juvenile court pronounces sentence taking into account the minor's development during the probation period. Educational measures, which may include psychological follow-up, a citizenship workshop or community service, aim to preserve the minor's development while sanctioning the conduct committed.

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This case study is published for educational purposes. Names and identifying details have been anonymised. It does not constitute a guarantee of result, as every case is unique in its facts and legal context.