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323.11 EG-JSTGLI-DPMIN CH-NE

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents (EG-JSTG)

16 Articles / Provisions · Switzerland · Canton of Neuchâtel
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Table of Provisions (16)

Art. premier Introductory Law on the Federal Act Governing the Penal Condition of Minors (LI-DPMin), of December 5, 2018 - Scope of Application Art. 2 Introduction to the Federal Law Governing the Criminal Condition of Minors (LI-DPMin), of December 5, 2018 - Jurisdiction Art. 3 Ordinance Introducing the Federal Act on the Criminal Status of Minors (LI-DPMin), of December 5, 2018 Art. 4 Act Introducing the Federal Act on the Criminal Status of Minors (LI-DPMin), of December 5, 2018 Art. 5 Introduction to the Federal Act Governing the Penal Status of Minors (LI-DPMin), of December 5, 2018 Art. 6 Introduction Act to the Federal Act on the Criminal Condition of Minors (IA-JStG), of December 5, 2018 - Personal Assistance (art. 13 JStG) Art. 7 Introductory Law to the Federal Act Governing the Penal Status of Minors (LI-DPMin), of December 5, 2018 Art. 8 Introduction Act to the Federal Act on the Criminal Status of Minors (IA-CSMin), of December 5, 2018 Art. 9 Act on the Introduction of the Federal Act Governing the Criminal Status of Minors (LI-DPMin), of December 5, 2018 Art. 10 Introduction Act to the Federal Act on the Criminal Status of Minors (LI-DPMin), of December 5, 2018 Art. 11 Introductory Law to the Federal Act Governing the Penal Condition of Minors (IL-JCPM), of December 5, 2018 - Deprivation of Liberty (Art. 27 JCPM) Art. 12 Introduction Act to the Federal Law Governing the Criminal Condition of Minors (IA-FLCCM), December 5, 2018 Art. 13 Introduction Act to the Federal Law Governing the Criminal Condition of Minors (IA-FJCLC), of December 5, 2018 Art. 14 Introductory Law to the Federal Act Governing the Penal Condition of Minors (LI-DPMin), of December 5, 2018 - Young Persons Over 18 Years of Age Art. 15 Introductory Act to the Federal Law Governing the Criminal Status of Minors (LI-DPMin), dated December 5, 2018 - Amendment to the Existing Law Art. 16 Law Introducing the Federal Act on the Criminal Condition of Minors (LI-DPMin), of December 5, 2018 - Promulgation

Statutory Text (16 Articles)

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. premier Introductory Law on the Federal Act Governing the Penal Condition of Minors (LI-DPMin), of December 5, 2018 - Scope of Application Open official source

1. This law contains the necessary provisions for the implementation of the federal law governing the criminal condition of minors (Juvenile Criminal Law, JCL), dated June 20, 2003.

2. To the extent that the provisions of this law do not derogate from it, the provisions of the Judicial Organization Act (JOA) [3] and the Code of Criminal Procedure (CCP) [4] shall apply by analogy.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 2 Introduction to the Federal Law Governing the Criminal Condition of Minors (LI-DPMin), of December 5, 2018 - Jurisdiction Open official source

1. The execution of sentences and measures falls under the competence of the Juvenile Judge.

2. The Juvenile Judge also renders subsequent judicial decisions that are incumbent upon a judicial authority pursuant to the Juvenile Criminal Code (DPMin).

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 3 Ordinance Introducing the Federal Act on the Criminal Status of Minors (LI-DPMin), of December 5, 2018 - Acts Committed Before the Age of 10 (Art. 4 DPMin) Open official source

If the juvenile court judge finds during a procedure that an act was committed by a child under 10 years of age, they shall notify the child's legal representatives and, if it appears that the child requires specific assistance, inform the child protection authority and the child welfare service responsible for child protection.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 4 Act Introducing the Federal Act on the Criminal Status of Minors (LI-DPMin), of December 5, 2018 - Personal Investigations (Art. 9 DPMin) Open official source

1. The juvenile judge may call upon the child protection service to conduct investigations into the personal situation of the minor.

2. The judge may notably address any public or private service capable of providing useful information.

3. For institutional observations, recourse is made to the cantonal or extra-cantonal establishments provided for this purpose.

4. Psychiatric or psychological assessments as well as medical examinations are entrusted to specialized physicians.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 5 Introduction to the Federal Act Governing the Penal Status of Minors (LI-DPMin), of December 5, 2018 - Supervision (Art. 12 DPMin) Open official source

The juvenile judge appoints the child protection service to carry out the supervision.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 6 Introduction Act to the Federal Act on the Criminal Condition of Minors (IA-JStG), of December 5, 2018 - Personal Assistance (art. 13 JStG) Open official source

For the execution of personal assistance mandates, the juvenile judge appoints a person working within the child protection service.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 7 Introductory Law to the Federal Act Governing the Penal Status of Minors (LI-DPMin), of December 5, 2018 - Placement (Art. 15 DPMin) Open official source

In principle, personal assistance is provided for any placement ordered by the juvenile judge.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 8 Introduction Act to the Federal Act on the Criminal Status of Minors (IA-CSMin), of December 5, 2018 - Prohibition of Contact and Geographical Restriction (art. 16a CSMin) Open official source

The juvenile judge calls upon the penitentiary service when ordering the use of a technical device attached to the offender for the enforcement of contact prohibition and geographic prohibition.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 9 Act on the Introduction of the Federal Act Governing the Criminal Status of Minors (LI-DPMin), of December 5, 2018 - Monitoring of Measures Open official source

The juvenile judge may, at any time, gather information to assess the effects of the measures they have ordered.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 10 Introduction Act to the Federal Act on the Criminal Status of Minors (LI-DPMin), of December 5, 2018 - Personal Service (art.23 DPMin) Open official source

1. In the judgment, the juvenile judge determines the form and terms of execution of the personal service.

2. The execution and supervision are then entrusted to the child protection service.

3. The minor performing a personal service is insured against accident risks, on a subsidiary basis, by the State.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 11 Introductory Law to the Federal Act Governing the Penal Condition of Minors (IL-JCPM), of December 5, 2018 - Deprivation of Liberty (Art. 27 JCPM) Open official source

1. For any deprivation of liberty exceeding one month, the juvenile judge appoints a person working within the child protection service to oversee the execution of the sentence. A trusted person may also be appointed for this purpose.

2. The person responsible for monitoring ensures communication between the minor, the family, the institution, and the judge, and provides periodic reports on the progress of the situation.

3. The judge determines the frequency of the reports to be submitted for each case.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 12 Introduction Act to the Federal Law Governing the Criminal Condition of Minors (IA-FLCCM), December 5, 2018 - Conditional Release (art. 28 FLCCM) Open official source

The powers assigned to the commission pursuant to Article 28, paragraph 3, DPMin are exercised by the specialized Concordat Commission DPMin.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 13 Introduction Act to the Federal Law Governing the Criminal Condition of Minors (IA-FJCLC), of December 5, 2018 - Probation Period (Art. 29 FJCLC) Open official source

The accompaniment of the minor during the probation period is entrusted to a person working within the child protection service.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 14 Introductory Law to the Federal Act Governing the Penal Condition of Minors (LI-DPMin), of December 5, 2018 - Young Persons Over 18 Years of Age Open official source

When a measure or sentence extends beyond the age of 18 or is imposed on a person over 18 years old by a juvenile court, the child protection service may seek the support of the penitentiary service.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 15 Introductory Act to the Federal Law Governing the Criminal Status of Minors (LI-DPMin), dated December 5, 2018 - Amendment to the Existing Law Open official source

Amendment to the Applicable Law is Provided in the Annex.

3 Criminal Law - Criminal Procedure - Enforcement - 32 Criminal Procedure - 323 Applicable Regime for Children and Adolescents
Art. 16 Law Introducing the Federal Act on the Criminal Condition of Minors (LI-DPMin), of December 5, 2018 - Promulgation Open official source

1. This law is subject to an optional referendum.

2. The Council of State shall provide, if necessary, for its promulgation and execution.

3. It shall determine the date of its entry into force.

Law promulgated by the Council of State on January 8, 2019.

The entry into force is set with effect from January 1, 2019.

Annex

(Art. 15)

Amendment of Current Law

1. The introductory law to the federal law on the criminal procedure applicable to minors (LI-PPMin), dated November 2, 2010 [5], is amended as follows

2. The Neuchâtel Judicial Organization Law (OJN), dated January 27, 2010 [6], is amended as follows

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