France (From International Handbook on Juvenile Justice, P 110-124, 1996, Donald J Shoemaker, ed. -- See NCJ-164965)

• NCJ Number: 164972
• Author(s): R Ottenhof; J F Renucci
• Date Published: 1996
• Length: 15 pages
• Sale Source: Greenwood Publishing Group
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America

Annotation

This overview of France's juvenile justice system describes the formal system and informal practices.

Abstract

The major principles of juvenile penal law in France have existed since the Ordinance of 1945. These principles primarily focused on education, specialization of functions, and the personalization of applicable measures. The drafters of the 1990 reform project strengthened specialization. In the reform project, the role of the public prosecutor's office is strengthened. The juvenile judge becomes the only judge competent in correctional matters and does not share this domain with the magistrate in the investigation of juvenile affairs. If a crime is committed, the magistrate will have exclusive jurisdiction, but if a misdemeanor is committed, only the juvenile judge can investigate the offense. The juvenile court's award of jurisdiction is extensive, because this court will judge all minor criminals over 16 years old. Strengthening of the procedural guarantees is desired by the drafters of the juvenile criminal law reform project. The 1990 reform project also encompasses sanctions. The rule of not applying penalties to minors under 13 years old is maintained; only educational measures are instituted for such juveniles. Regarding corrections, the juvenile court may impose fines and penalties that restrict the juvenile's rights or liberties, namely, suspending or revoking a driver's license, but it may no longer order a suspension of rights or loss of rights, such that a juvenile's chance to be reintegrated into society upon reaching the age of majority is compromised. The punishment of community service is maintained, and the courts may order imprisonment; however, there are limitations on the latter disposition. Imprisonment of juveniles 16 years old and under is prohibited, and there is a maximum of 3 years for correctional matters and 10 years for criminal matters. The primacy of educational measures in sanctions is also affirmed. 15 references and appended directory of key juvenile agencies