Young people and Social rehabilitation.
General presentation of the Justice of Minors
The justice of minors rests on a principle gradually recognized as of the end of the 18th century:
In detail, a specific practice concerning the juvenile delinquent illustrates this duality well when the judge of the children opens a double file. He pronounces a civil measurement of educational welfare to a minor while preserving suspended the penal dimension of the legal action. More generally, the fundamental texts have specialized all the professionals of the sector and created specific equipment, widened the field of competence of the judge in the direction of the protection of the young person and the guarantee of a right to education, extended the benefit of legal protection to the major young people. They, by doing this, brought another duality which crosses the first: that of administrative and the legal one.
On the legal level, the child welfare, subordinated to the observation of a situation of danger to the child, is ordered by the judge of the children and is binding on the family, even if the magistrate seeks his adhesion. The implementation of such a measurement of educational welfare causes to arrange, to control the exercise of the parental authority while maintaining as much as possible the minor in his “natural environment” of life. On the same plan, the legal treatment of the delinquents is exclusive competence of the State and falls on Justice. Its originality consists in the establishment, before any decision, of an assessment of the personality of the minor and his social situation and family. It comprises finally a specialization of the personnel contributing to an always educational assumption of responsibility, whatever the ordered measurement.
To include/understand the detail of the acts and the means of the justice of the minors, it is advisable to keep in mind these dualities which are interlaced: between the current one and future of the young person; between the parental authority and the intervention of the company; between the translations of the latter within the administrative framework and the legal framework.
1 Ordinance of February 2nd, 1945 relating to delinquent childhood for the criminal law of the minors; schedule of December 23rd, 1958 relating to the child welfare and adolescence in danger to the educational welfare of articles 375 and S. of the Civil code; decree N° 75-96 of February 18th, 1975 laying down the details of implementation of a legal action of protection in favour of major young people.
2 On decision of the president of the general advice.
http://www.justice.gouv.fr/
If your child has criminal troubles, inform to the maximum about what it risks and how to defend it.
It is preferable to consult a lawyer at the beginning of the problem.
To remember, however, that the lawyer represents the child and not the relative.
Arrest and Police custody, detention.
If your child is as police custody, it will be probably held with the police station. Detention implies to enter its name and the reason of the arrest files of police force. The photograph of your child will be taken and his digital fingerprints will be taken to him.
Interrogation of police force
Reports/ratios submitted to the police personnel during the interrogation can be held against your child.
Your child has the right to say it to police force which it does not wish to speak with them. As a relative, you can also say to the police force which your newborn does not want to speak with them until you can find a lawyer to represent your child during the interrogation.
Guard and police detention
Your child can be held under your guard while waiting for a hearing, or be held in a service for children for one short period.
The prohibited State to keep minors in a prison of adult.
Your newborn cannot be held very a long time in a minor service of detention without hearing of detention. The judge will review the case of your child.
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