295.The legal protection of juvenile offenders: The code of prisons organization
and rehabilitation, stipulates that minors definitely sentenced to custodial sentences,
regardless of the offense, will serve the remainder of their sentences in adequate
facilities called "specialized rehabilitation centres for minors". These centres’
essential aims are rehabilitation of minors and their sensitisation on their
responsibility towards the society.
296.In order to be transferred to these centres, the minor must meet the following
conditions:
- Definitively sentenced to a custodial sentence,
- Has not reached the age of criminal responsibility,
- The remainder of the sentence to be served cannot be less than three months.
297.These juveniles should be transferred to such centres within eight days after of
the deadline for ordinary appeal has passed. The transfer of juveniles sentenced to
custodial sentences as mentioned above is entrusted to prosecutors. The court
prosecutor in whose jurisdiction the centre is located and the Director General of the
Prison Service and Rehabilitation are kept informed. The departure institution and the
host centre are also required to inform the sub-directorate of the protection of minors.
298.Regarding inmates definitively sentenced whose age exceeds 18 years and who
have not been subject to any transfer measure to specialist centres, their cases must be
submitted to the classification commission for their placement in the quarter for
young offenders below 27 years of age.
299.Regarding minors subject to placement orders in special centres run by the
Ministry of Justice or the Ministry for National Solidarity, their transfer is made by
special educators from these centres, however without the intervention of prisons and
security services.
300.A decree on the rules and procedures of the minors’ rehabilitation centres was
taken on 9 June 1997. It determines the rights and obligations of detained juveniles
during their stay in such centres. The rules and procedures are applied under the
responsibility of the director of the centre and subject to monitoring by relevant
judges.
301.These centres are under the Ministry of Justice and are intended for minors
sentenced to custodial sentences, who are placed through an order, judgment or a final
judgment. Their main task is to ensure education to the juvenile prisoners by giving
them, depending on their level of education, training that can facilitate their successful
social reintegration. These centres include:
- A judicial clerk in charge of monitoring the conditions of detention, controlling and
monitoring of the minors’ criminal situation. He/she would set the exact date of
release.
- A bookkeeper who deals with the retention of the minors’ belongings, the
management of their assets and operations necessary for the distribution of their
money as follows:
i. One part is set aside for the day of their release.
ii. One part is intended for their daily needs.
- A registrar responsible for the budget and property centre’s management
302.Criminal cases involving minors are governed by specific rules pertaining to
juvenile delinquency included in Book III of the Code of Criminal Procedure (article.
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