France: A Legal Vacuum Calls Into Question the Pre-Trial Detention of Minors Accused of Crimes
4 Articles
4 Articles
From Wednesday, the absence of a law will prevent a minor accused from being held in pre-trial detention pending his appearance in the juvenile court.
As of Wednesday, 30 June, minors between the ages of 16 and 18 who are accused of crimes will not, in theory, be placed in pre-trial detention before their trial. In question: a legal vacuum, whereas the Constitutional Council had left one year to the legislator to amend the law. In the absence of a piece of legislation adopted on time, several hundred young people currently incarcerated could be called into question.
The Constitutional Council has censored the regime of pre-trial detention of adolescents between 16 and 18 years of age. This legal vacuum could allow some of the children to be held in custody.
A dispatch sent by the Chancellery to the public prosecutor's offices confirms that for decisions taken as from 1 July, the retention of a minor who has been returned to court will be without any legal basis. The magistrates find themselves confronted with a legal puzzle. FineBokeh/AdobeStock On Tuesday, the press revealed the legal risk that had affected the continued detention of minors who had been sent back to the assizes because of a miss o…
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