NCJ Number
90801
Journal
Revue de droit penal et de criminologie Volume: 61 Issue: 8, 9, 10 Dated: (August - October 1981) Pages: 731-747
Date Published
1981
Length
17 pages
Annotation
The study traces the evolution of laws to protect juveniles and young adults in Belgium from 1912 to the most recent revisions.
Abstract
The law of 1912 provided for transfer of cases involving minors under 16 years old to juvenile court jurisdiction and for imposition of protective or educational penalties in lieu of imprisonment. For serious crimes warranting imprisonment, juveniles under 16 years old could be placed in special disciplinary institutions. Youths under 18 could remain wards of the state during execution of their penalties until they reached the age of majority. But in cases of 'absolute necessity,' minors could be held in preventive detention for up to 2 months. In general, the law retained means for repression in the protective framework. The 1965 juvenile protection law extended the age of majority for criminal law from 16 to 18. However, the repression-protection relationship remains essentially the same, combining a mixture of orientations. The author favors revision of the existing law to provide assistance and protection to juveniles without resort to criminal sanctions not justified by the offense committed. To this end, the juvenile court should be allowed to intervene in juvenile cases only when a necessary measure is not accepted by the juvenile or parents or when social measures are not adequate to control a truly dangerous juvenile. Family courts would be the principal jurisdiction for juvenile cases. The definition of 'age of majority' should be also be made flexible enough to adjust to individual cases. A variety of other adjustments are recommended. Notes are supplied.