442-494). Under articles 447 to 450, each court has a juvenile division composed of a
juvenile judge, a chairperson, and two other judges. Article 491 provides that
proceedings are held in closed session, after hearing the parties. The decision is also
made in closed session (art. 493) and each case is considered separately in the absence
of all other defendants (art. 498). The juvenile division decides after hearing the
minor, the witnesses, parents, guardian or custodian, the Crown and defence. It may,
if the interests of the minor excuse him/her from appearing in court (art. 497).
303.No child shall be alleged as, accused of, or recognized as having infringed the
criminal law on the basis of acts or omissions that were not prohibited by national or
international law at the time they were committed. This principle is enshrined in
Article 40 of the Constitution and Article I of the Criminal Code, which provides that
"There is no offense, neither sentence or safety measures without law."
304.Any child suspected or accused of having infringed the criminal law is entitled to
several guarantees. He/she is thus presumed innocent until proved guilty according to
law. To establish guilt, article 453 of the Code of Criminal Procedure provides that
"the juvenile judge performs all procedures and investigations to achieve the
manifestation of the truth, while knowing the child's personality and for the
determination the appropriate means for his/her rehabilitation ".
305.To this end, he shall carry out by way of an official investigation or in the ways
prescribed for the preliminary investigation. He may issue any useful mandate while
observing the rules of law.
306.Article 458 of the Code of Criminal Procedure states that "when the juvenile
court finds that the facts do not constitute a crime or an offense, or that there is no
sufficient evidence against the offender, he shall give an order of dismissal in
accordance with the law ".
307.The accused juvenile is informed of the charge under article 100 of the Code of
Criminal Procedure. Article 154 provides that the juvenile court shall notify the
parent, guardian or known custodian of the prosecution against the minor. If the minor
or his/her legal representative have not chosen a counsel, the court shall designate or
asks the President of the Bar to appoint a public counsel. He may ask social services
to conduct a social inquiry or any individual who holds a degree in social work and
qualified for that purpose. When the juvenile judge finds that the facts constitute a
crime, he shall issue an order of referral to the juvenile division acting in chambers.
The proceedings are held in closed session, after hearing the parties, the minor must
appear in person, assisted by his legal representative and counsel.
308.Any juvenile charged with a criminal offense has the right to examine or have
examined witnesses against him and to obtain witnesses under the same conditions as
witnesses against him. This right is recognized at investigation stage or judgment. The
juvenile defendant has the right not to be compelled to testify against him or to
confess guilt.
309.A juvenile charged with a criminal offense has the right to free assistance of an
interpreter if he/she cannot understand the language used in court. Various articles of
the Code of Criminal Procedure shall adjust the recognized right, including to the
benefit of deaf and dumb persons (art. 91-95 and 108-298) and at all stages of the
proceedings. The interpreter is subject to the requirement of taking an oath if not
sworn (art. 91). If the debates reveal that the offense is not attributable to the minor,
the juvenile court shall discharge him/her. However if the debates establish his/her
guilt, the juvenile division expressly acknowledges it in its judgment admonishes the
offender and refers him to his parents, guardian or any trustworthy person.
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