In the case of a sentence under criminal law, the minor will be sentenced to from 2 to less
than 10 years and in case of a minor crime, the penalty will be reduced by half.
The ordinance introduces some novelties in its provisions: deferment of sentence, waiving
of sentence, reprimand, the requirement to do community work as well as measures of
protection to be followed up by the juvenile court judge.
Another feature is the non inclusion of the sentence in the minor‟s criminal record.
a2. Limitations
These are due to:
the inadequate number of the State-run placement bodies provided for in the
instruments;
the paucity of human, material and financial resources;
the majority of detention centres do not have sections for minors;
the well known shortage of specialized educators.
the ignorance of legal instruments.
a3. Achievements
Juvenile courts were put in place in 1999 ;
The first judges of juvenile courts were trained, with UNICEF funding;
in 2003, there were 10 juvenile courts and 40 judges;
there are 2 courts of appeal ;
there is 1 Supreme Court;
the actors are: parents, guardians, social workers, local multi-disciplinary
committees;
the preventive educative and judicial service (SEJUP) was created;
The JJP (Juvenile Judicial Protection) Programme was put in place.
c) Children deprived of freedom, including any form of detention,
imprisonment or placement in a detention centre and respect of
the provisions of article 5 prohibiting the pronouncement of the
death sentence on children
b1. Legislative, administrative and judicial measures
Articles 15 and 17 of the Constitution protect individuals against illegal arrest and enshrine
the principle of presumption of innocence and the right of defence.
Section 15 of the ordinance provides that the minor who is the subject of legal proceedings
must be heard in the presence of a lawyer appointed by court. In the absence of a lawyer,
he must be heard in the presence of his parents, guardian or legal representative.
Section 33 of the ordinance outlines the penalties that may be meted to the minor. Thus, if
he incurs the death penalty, he will be sentenced to imprisonment of from 10 to 30 years.
He can no longer be sentenced to life imprisonment.
Sections 23 and 24 fix the time periods of remand in custody for minors. In correctional
matters, it cannot exceed 3 months and in criminal matters 1 year.
37