PENALTY OF LAW

• NCJ Number: 66914
• Journal: Revue penitentiaire et de droit penal Volume: 103 Issue: 3 Dated: (JULY/SEPTEMBER 1979) Pages: 493-520
• Author(s): J P PEIGNE
• Date Published: 1979
• Length: 28 pages
• Publication Format: Article
• Language: French
• Country: France
• Note: REPORT PRESENTED AT THE 10TH CONGRESS OF THE INTERNATIONAL ASSOCIATION OF MAGISTRATES FOR JUVENILES AND THE FAMILY IN MONTREAL. AN ENGLISH SUMMARY TRANSLATION OF THIS DOCUMENT IS AVAILABLE FOR SALE BY NCJRS. SPECIFY NCJ 78589.

Annotation

A GENERAL REPORT OF THE TENTH CONGRESS OF THE INTERNATIONAL ASSOCIATION OF JUVENILE JUDGES DESCRIBES THE MECHANISMS IN VARIOUS COUNTRIES FOR DECISIONS ON JUVENILE CASE PROSECUTION AND PROCEDURES.

Abstract

CERTAIN COUNTRIES DO NOT DISTINGUISH THEIR TREATMENT OF JUVENILES AT RISK AND JUVENILE DELINQUENTS. IN COUNTRIES OF THE ANGLO-SAXON TRADITION, THE DECISION TO PROSECUTE LIES WITH POLICE (THE ACCUSATORY SYSTEM), WHILE IN MOST OF CONTINENTAL EUROPE A SPECIAL AUTHORITY, THE PUBLIC PROSECUTOR'S OFFICE MAKES THAT DECISION (THE INQUISITORIAL SYSTEM). IN THE LATTER SYSTEM, INVESTIGATIVE AND ACCUSATORY RESPONSIBILITIES OVERLAP AND A DECISION LEADING TO A CHILDREN'S HEARING MAY REQUIRE THE COLLABORATION OF THE PUBLIC PROSECUTOR AND THE POLICE OR THE ACTION OF A SPECIAL INFORMANT. EDUCATIVE MEASURES AFFECTING JUVENILES CAN BE REVISED UPON DEMAND OF PARENTS, THE JUVENILE, THE PROSECUTOR, THE PROBATION OFFICER, OR AN EDUCATIVE INSTITUTION. IN MOST COUNTRIES PROBATION IS THE ONLY PENAL SANCTION THAT CAN BE MODIFIED BY THE COURT. IN SOME COUNTRIES THERE IS NO SPECIAL JUVENILE SUPERVISING JUDGE. PROCEEDINGS MAY BE INITIATED BY PARENTS, PUBLIC SERVICES, PROBATION OFFICERS, POLICE, OR THE PUBLIC PROSECUTOR, DEPENDING ON THE COUNTRY. PERSONS REQUIRED TO ATTEND PROCEEDINGS INCLUDE THE MINOR, PARENTS, SOCIAL WORKERS, PROBATION OFFICERS, REPRESENTATIVES OF INVOLVED PROTECTIVE ORGANIZATIONS, WITNESSES, EXPERTS, PSYCHOLOGISTS, AND PERSONS CALLED BY THE COURT. IN BRITAIN, THE PRESS IS ADMITTED TO HEARINGS, AND A LAWYER MAY BE PRESENT IN MANY COUNTRIES. EVIDENTIARY RULES ARE GENERALLY LESS STRINGENT IN JUVENILE CASES; PROOF 'BEYOND A REASONABLE DOUBT' CONTAINING A 'BALANCE OF PROBABILITIES' IS GENERALLY REQUIRED. CHANGES IN COURT-ORDERED EDUCATIVE MEASURES CAN BE SOUGHT BY PARENTS, THE JUVENILE, REPRESENTATIVES OF EDUCATIVE INSTITUTIONS RESPONSIBLE FOR JUVENILES, PROBATION OFFICERS, PROSECUTORS AND JUDGES. IN SOME COUNTRIES, SENTENCES CAN BE MODIFIED ONLY AFTER A NEW DECISION HAS BEEN REACHED. --IN FRENCH.