France

Rate of children in detention per 100,000: 3 (2022) https://data.unicef.org/resources/dataset/children-in-detention/

Key Elements of the Youth Justice System in France

by María Paula Saenz Vanegas

Specialist in youth justice, with expertise in the design and coordination of socio-educational programs for youth.

Political Scientist, Universidad del Rosario.

Master’s degree in international Affairs and Risk and Development Programs, Sciences Po Bordeaux, France.

1. A historical overview of Youth Justice System:

Juvenile justice in France dates to 1791, when the Penal Code introduced the concept of

discernment, marking the legal recognition of minors as a distinct category in criminal

law. Throughout the 19th century, the system gradually developed, with the creation of

specialized institutions for minors (from 1814) and dedicated sections within prisons

(1820–1830). Further reforms led to various types of facilities for young offenders. A

major milestone came in 1912 with the establishment of juvenile courts, introducing a

specialized jurisdiction for minors.

A significant shift occurred with the 1942 law on delinquent youth, which emphasized

education over punishment. Although only partially implemented, it laid the groundwork

for the key reform: the 1945 Ordinance. This text established the modern principles of

juvenile justice in France, prioritizing protection and education, creating specialized

judges for children, removing the concept of discernment, and introducing a presumption

of criminal irresponsibility for minors. It also led to the creation of a Youth Judicial

Protection Service, main actor responsible for implementing the decisions taken under

the Juvenile Criminal Justice Code

For more than seventy years, the system operated on this basis, despite numerous

amendments. The most recent major reform is the 2021 Juvenile Criminal Justice Code

(CJPM), which definitively replaced the 1945 Ordinance.

2. General Principles of the System

In France, the juvenile criminal justice system is based on a fundamental principle: the

primacy of the educational approach over the repressive one. This means that although

minors can be held criminally responsible for the offenses they commit, the judicial

response primarily aims to promote their education, reintegration, and personal

development.

A minor may be held criminally responsible from the age of 13 (1). The system is also

based on the principle of the “diminished responsibility of minors,” which allows

sanctions to be adapted according to the minor’s level of development and maturity (2)

3. The Recent Reform: The Juvenile Criminal Justice Code (2021)

The most significant reform of the French youth justice system in recent years was the

entry into force of the Juvenile Criminal Justice Code (Code de la Justice Pénale des

Mineurs – CJPM) on September 30, 2021. The reform had several main objectives (3).

1 (Code de la justice pénale des mineurs, 2019)

2 (Renault-Brahinsky, 2021)

3 (Republique Francaise , 2025)

• To accelerate judicial timelines, in order to respond more quickly to committed

offenses.

• To maintain the educational focus of the system.

• To make procedures more coherent and understandable, both for professionals and

for minors themselves.

The CJPM reaffirms that judicial decisions must take into account the minor’s personality,

life trajectory, and development, and not only the offense committed.

4. A New Organization of the Judicial Procedure

One of the main innovations of the new code is the reorganization of the judicial process

into several distinct stages, designed to combine a swift judicial response with educational

follow-up.

The procedure generally unfolds in three stages:

A. Hearing on guilt: between ten days and three months after the referral to the court.

B. Evaluation period and educational follow-up: between six and nine months after

hearing on guilt.

C. Sentencing hearing: at the end of the educational probation period.

5. Educational and Judicial Measures

The new code simplifies the system of educational measures, which are now mainly

structured into two major categories (4)

A. Judicial warning

This is a formal warning issued by the judge, reminding the minor of the

consequences of their actions and aiming to prevent reoffending.

B. Judicial educational measure

This is the main tool of the system. It may be applied provisionally during the

proceedings or as a final sanction.

This measure allows for the implementation of individualized educational

support by the Youth Judicial Protection Service, which may include different

types of modules depending on the minor’s situation, for example:

• social or professional integration

• reparation toward the victim

• health support or psychological counseling

• restrictions on contact with certain people or places

• community services

6. Judicial decisions and sanctions

4 (Renault-Brahinsky, 2021)

6. Judicial decisions and sanctions

Judicial decisions can take different forms depending on the severity of the situation and

the minor’s needs. In general terms, the system’s responses are organized into three main

categories:

A. Measures under judicial supervision – liberty

The minor remains in their usual environment, receives educational support

from specialized professionals, and is required to comply with certain

obligations and sanctions imposed by the judicial authority.

B. Placement measures

In some cases, the minor may be placed in specific educational settings, such

as:

•Strengthened educational centers (Centre Educative Reenforce - CER)

• Closed educational centers (Centre Educative Fermé - CEF)

These institutions provide an intensive educational framework for young

people who require more structured supervision.

C. Deprivation of liberty

Key Data on Youth Justice System (5):

• France has 6 specialized juvenile detention facilities (établissements

pénitentiaires spécialisés pour mineurs), which are dedicated detention centers

exclusively for minors, and 46 juvenile units (quartiers pour mineurs), which are

sections within adult prisons that accommodate minors separately from adults (6)

• As of January 2025, 740 minors were detained in French prisons.

o 97% boys

o 3% girls

• In 2023, 39,585 boys and 5,005 girls aged between 13 and 17 were supervised by

the Youth Judicial Protection Service.

o Of these, 29% were boys and girls between the ages of 13 and 15.

5 (Ministère de la Justice, 2025)

6 (Republique Francaise, 2021)