The fundamental laws of juvenile criminal justice are the Criminal Law and the Ordonnance for criminal minors,enacted on February2,1945,which is a special law of the Code of Criminal Procedure.Major revisions were made to the Ordonnance in2002and2004.
  By statutory penalty,crime is classified into felony(crime),misdemeanor(delit),and offense against police regulations(contravention).Felony is a crime where imprisonment for an indefinite period or imprisonment for10years or more to up to30years is sentenced.Misdemeanor is a crime where imprisonment for up to10years,fine,civil training(stage de citoyennete),or community service labor without pay,etc.is imposed,and offense against police regulations is a crime where a fine is imposed(offense against police regulations is further classified into grade1to5in accordance with the amount of the fine.).For adults,criminal procedures are different in accordance with the three types of crime,and the courts in charge of sentencing are also different.
  For cases received,public prosecutors have the following three options:exercising the authority of prosecution(poursite penale),taking alternative measures of exercising the authority of prosecution(alternative aux poursuites)(warning of legal obligations,participation in training courses conducted by public hygiene institutions,settlement of criminal prosecution,compensation measures,etc.)and nonprosecution(classement sans suite).
  For juvenile cases,when public prosecutors exercise the authority of prosecution,they demand a preliminary examination as a general rule.Preliminary examinations are held in order to make criminal facts clear as well as to find out the juvenile's personality and appropriate means for his/her reeducation.Preliminary examinations must be held for felony cases,and demand for preliminary examination is made to an examining judge in charge of criminal cases involving juveniles(juge d'instruction charge des affaires de mineurs).For misdemeanors or offenses against police regulations cases,demand for preliminary examination is made to the examining judge in charge of criminal cases involving juveniles or a juvenile court judge(juge des enfants).Usually demand for preliminary examination is made to the examining judge in charge of criminal cases involving juveniles for misdemeanors that are complex or those involving adult accomplices,while the demand is made to the juvenile court judge for the rest of the cases.For minor/simple cases,public prosecutors may not make a demand for preliminary examination as an exception,and demand the case to be directly pended for sentencing process.
  At the conclusion of the preliminary examination,cases are transferred to sentencing,excluding the cases which were dismissed(non-lieu).
  Juvenile felony court(Cour d'assises des mineurs)exercises jurisdiction over sentencing for felony cases committed by juveniles aged16or over when the crime was committed(in this case it is possible to try adult accomplices as well.).A joint judge-jury system is used at juvenile felony courts,consisting of three professional judges(one chief judge is a court of appeal judge and the two associate judges are juvenile court judges)and nine selected citizens,where professional judges and selected citizens deliberate together and reach a verdict on guiltiness and sentencing.
  Juvenile court(tribunal pour enfants)exercises jurisdiction over sentencing for felony cases(limited to those committed by juveniles aged younger than16when the crime was committed),misdemeanor cases,and grade5offense against police regulations cases.Juvenile court consists of one chief judge,who is a juvenile court judge,and two associate judges,who are non-professional judges(appointed for a term of four years where reappointment is possible,who are interested in juvenile problems and have competence).
  Juvenile court judges also have jurisdiction over sentencing for misdemeanor cases(excluding detention sentences with a statutory penalty limit of seven years or more,and cases where the juvenile is16or over)and offense against police regulations grade5cases.When the sentence is guilty,a juvenile court judge pronounces exemption from punishment or educational disposition.
  Vicinal judges(juge de proximite)or offense against police regulations courts(tribunal de police)have jurisdiction over sentencing for offense against police regulations grade4or lower,and when the sentence is guilty,an admonitory warning or a fine is handed down to a delinquent.
  Trial procedures of juvenile cases are not open to the public and only involved parties such as victims,witnesses,and the juvenile's guardians are able to attend.Pronouncement of judgments at adjudicating courts is made in open courts.
  As for penal responsibility,there are no lower age limits,and it is considered that juveniles who have the ability to distinguish right from wrong(discernement)are criminally responsible.Juveniles of all ages are subject to educational disposition(admonitory warning,handover to guardians,judicial probation for a term of no more than five years,institutionalization in a qualified public or private educational or vocational training institution or facilities,institutionalization in a qualified medical or curative education facility,institutionalization in a public protectory or correctional education institution,etc.).
  However,following restrictions are placed according to the age of the juvenile when the crime was committed for criminal punishments(peine)or educational sanctions(sanction educative)(criminal forfeitures,declaration of off-limits to the scene of crime,etc.,prohibition to have contact with victims,prohibition to have contact with accomplices,reparative actions,participation in civil education training).
  Juveniles who are younger than10years old when the crime was committed are not subject to criminal punishments or educational sanctions.
  Juveniles aged10or over to under the age13when the crime was committed are not subject to criminal punishments but are subject to educational sanctions.
  Juveniles aged13or over to under the age of16when the crime was committed are subject to both educational sanctions and criminal punishments.However,it is not possible to sentence imprisonment for a prison term exceeding half of the statutory penalty to them.Further,when the statutory penalty is a felony of life imprisonment,it is not possible to sentence imprisonment for more than20years.As for fines,it is not possible to sentence a fine exceeding the sum of half the statutory penalty or Euro7,500.
  Juveniles aged16or over to under the age of18when the crime was committed are subject to both educational sanctions and criminal punishments,and if there is a special reason,the above-mentioned statutory reduction actions may not be applied.It is also possible to sentence community service labor without pay to them.
  There are cases where the juvenile's parents are held responsible.When parents neglect their legal duties as parents and seriously destabilize the juvenile's behavior without due reasons,these create liability for misdemeanors.Public prosecutors also may order parents to participate in child-rearing training(stage parental)as an alternative measure of exercising the authority of prosecution for the crime in question.Further,parents of juveniles who do not comply with summons from the judge/court are subject to civil fines(amende civile).