Criminal procedure and juvenile delinquency in France مقاله

خلاصه ماشینی:

Dr. Ali Abhari, Attorney at Law Criminal Procedure and the Regime of Juvenile Delinquents in France Historical Background - In the French General Penal Code of 1810, no special regime was mentioned for the trial of juvenile delinquents; only in Article 66 of the said law it was mentioned that non-distinguished children, whose age is less than 16 years, may be punished or disciplined. And as mentioned in Article 8 of the 1945 law, the investigator must conduct sufficient investigations regarding the child's personality as well as their upbringing environment; specifically, the juvenile judge must issue a decision based on the minor's social report, which indicates their material and moral status and family background. On the contrary, in juvenile matters, the jurisdiction of the presiding court is determined by the juvenile judge's decision during the preliminary investigations regarding the method that must be adopted for the child. 2- Juvenile Judge If the crime committed by the child is of the fifth class of contraventions, or is a misdemeanor or a felony (in the latter case, the child's age must be less than 16 years), in this case, the juvenile judge will be competent to handle the matter; it may be the same judge who conducted the investigation of the child. A-Formation Method -The juvenile court consists of three persons: one president, who is the same juvenile judge who has also conducted the investigation of the case, and two members, who are not judges but are composed of psychological experts or individuals who have an interest in the trial of the child.