301
This procedure established, guaranties the basic principles of the respect of the right
to a fair trial (presumption of innocence, adversarial principle, two-stage procedures,
right to be defended, right to an interpreter), and defines the age of criminal
responsibility, makes compulsory the presence of the parents, the study of the
personality before any sentence, all this in line with the respect of the principle of
confidentiality which prohibits open court proceedings and the violation of the
aforementioned principle.
302
The special jurisdiction for children is relevant for judging all minors under 13 accused
of offence; however the minor under 13 has an exemption of penalties and must be
subjected only to supervisory and educative measures: article 655 of the Criminal
Procedure Code.
303
The conditions of detention of a minor are laid down in the articles 656 and the
followings, which confirm its exceptional character. Alternative measures to
incarceration are favoured, articles 686 to 720 Criminal Procedure Code.
304
Minor offenders are installed in areas for minors in accordance with the required
separation.
305
However, efforts need to be made in order to fully apply the reform.
The new Child Code adopted by the National Assembly strengthens all these special
provisions in favour of minors in conflict with the law, through its articles 208 to 319.
306
Here are the following actions undertaken in the context of justice for minors:
- Appointment of 11 judges for minors;
- Training of actors of justice for minors (OPJ judges, clerks);
- Appointment of social assistants in all the jurisdictions for minors;
- Creation of juvenile courts in two jurisdictions (Abomey and Abomey-Calavi).
307
The following table shows the situation of children in conflict with the law in 2013:
Table N° 16: Distribution of children in conflict with the law according to the residence
status after the offence
Boys
Girls
Total
Residence status
after
the
offence
Number
Proportion (%)
Number
Proportion (%)
Number
Proportion (%)
Prison: areas for
minors
21
28.2
0
0.0
20
17.7
Prison : together
with
adults
11
14.8
11
28.2
22
19.5