Children as 'Offenders' and 'Victims' in French Law مقاله

خلاصه ماشینی:

The criticism leveled against criminal mediation is that through the prosecutor, during the investigation stage, or through the juvenile court judge, by resorting to mediation, we deprive the child of their defense and their rights; perhaps if the case goes to court and the court conducts a substantive hearing, the child would be acquitted, but in the preliminary investigation stage, which is not yet a substantive hearing, when we decide to bring in a mediator to solve the problem, we have actually deprived the delinquent of a defense, an adversarial trial, and defensive rights; meaning we have sought to accept that they committed the crime before the trial. Regardless of the degree of danger or the severity of the crime, they are not criminally responsible, and the Court of Cassation of France, in a ruling that took on the aspect of judicial precedent and a unifying precedent, has divided this age group under 13 into two periods, and this division is based on the child's degree of perception and understanding; the first group in this age period consists of very young children, up to about 5-6 years old, who are subject to the explicit and absolute presumption of non-responsibility, and therefore, responsibility is not raised regarding them. By dividing the age group under 13 into two periods, French judicial practice has introduced the concept of discernment and the power of discernment into French law, and thus, according to the judicial practice of the Court of Cassation of France, a juvenile court can issue precautionary and educational measures against children under 13 only when it is established that the accused child "understood" the committed act and "willed" it consciously.