What is juvenile criminal law?
In the Netherlands, a person can be prosecuted from the age of twelve. However, a child cannot be compared to an adult man or woman. For this reason, the legislator believes that criminal acts by young people should be handled differently. Juvenile criminal law forms a separate regulation within the Criminal Code, which pursues different sentencing objectives. While ordinary criminal law (criminal law for adults) is aimed at retribution and prevention, juvenile criminal law focuses on rehabilitation, behavioral modification, and resocialization. With this pedagogical approach, the aim is to limit recidivism and promote positive behavioral change.
Juvenile criminal law applies to persons between twelve and eighteen years old. It is primarily characterized by specific sentences and measures that can only be imposed within juvenile criminal law. Examples include the educational sentence, the PIJ measure (also known as juvenile TBS), and the behavioral modification measure (GBM). In addition, maximum sentences differ significantly from ordinary criminal law. While different statutory maximum sentences apply to adults per offense, the maximum within juvenile criminal law is uniform. For example, a minor between 12 and 15 can be sentenced to a maximum of one year in prison, regardless of the crime committed. For 16 and 17-year-olds, this is a maximum of two years. The maximum community service and fine are also lower.
What is adolescent criminal law?
Young people around the age of adulthood undergo many changes and developments, and this happens faster for some than for others. Especially in these cases, it is important that the judge can provide a tailored approach and impose the most appropriate sentence and/or measure. For this reason, the Criminal Code provides for the regulation of adolescent criminal law.
Adolescent criminal law means that persons between 18 and 23 years old (i.e., up to and including 22) can still be tried according to the provisions of juvenile criminal law. The extent to which the judge still sees room for pedagogical influence is decisive in that choice.
Adolescent criminal law also has a downside. In very exceptional cases, the judge may declare ordinary criminal law applicable to a 16 or 17-year-old suspect. This will often be the case if the young person is suspected of a very serious crime, such as a capital offense. When weighing whether adolescent criminal law should be applied, the judge takes into account the severity of the offense, the circumstances under which the offense was committed, and the personality of the offender.
What is a Halt settlement?
When a minor commits a relatively minor offense, such as a traffic violation or petty shoplifting, the young person can be referred to Halt by the police, a BOA (special enforcement officer), or the compulsory education officer. Halt is an agency that offers the possibility of an alternative settlement of the criminal offense, for example, by offering apologies to the victim, restoration or compensation for damage, and performing work or learning assignments. Halt is not only there to punish the youth but also offers guidance to ensure that the minor does not slide further. The great advantage of a Halt sentence is that—unlike a conviction by the juvenile court or a penalty order—it does not appear on your criminal record.
Can any lawyer assist juvenile suspects?
In theory, all lawyers may assist juvenile suspects, but not everyone is equally suitable for this. Some lawyers have a specialization in juvenile criminal law. A lawyer can obtain this when he or she has at least three years of work experience as a lawyer and follows a special training program. Only lawyers who have the specialization in juvenile criminal law are also allowed to assist minor suspects on the basis of legal aid (subsidized legal assistance).
Our firm has several criminal defense lawyers who have obtained the specialization in juvenile criminal law and also have years of experience in handling these cases.
What is your role as a parent when your child is suspected of a criminal offense?
If a child is arrested, it can be very distressing for the parents. The fact that your child is taken away by the police can bring a sense of powerlessness. Although the law provides for some rules regarding the involvement of parents within the procedure. For example, as a parent, you will be informed of your child’s deprivation of liberty, as well as the further course of the case. In addition, minor suspects have the right to the presence of a confidant during an interrogation. If the police are going to interrogate your child, you are allowed to be present to support him or her. Only in exceptional cases is this not allowed. In addition, you also have the possibility to call your child and visit him at the police station. At those moments, you can, for example, bring clean clothes or homework.
When your child has to appear before the juvenile court, you are obliged to attend this hearing. You will be summoned for this. During the hearing, you will also be offered the opportunity to put forward something in defense of your child.
Why do you need a criminal defense lawyer as a juvenile suspect?
When a minor is faced with a criminal trial, it can be very intimidating. Various agencies are involved with the minor at the same time and will try to pass judgment. Not only about the facts of which the minor is suspected, but also about the person of the youth and what should happen to him or her. A minor is still in the early stages of their life, and a conviction can have consequences that they will have to carry with them for the rest of their life. A criminal defense lawyer specialized in juvenile criminal law can guide the minor through the entire procedure. They will look at the file with a critical eye to determine whether there is sufficient legal and convincing evidence for a conviction, whether any procedural errors have occurred, and what other defenses should be raised. They also advise the minor on the best options and which (procedural) attitude is most effective. A good criminal defense lawyer can therefore have a major influence on the outcome of a case and thus on the rest of a child’s life.
