The minority excuse. On Tuesday, thousands of kilometers away, two terrible news stories involving minors took place. The first, in France, in Montpellier, when a 14-year-old schoolgirl almost died after an attack in which the main suspect was also 14 years old. The second, near Helsinki, Finland, when a 12-year-old student opened fire in a school, killing one of his classmates and seriously injuring two others. How does the justice system deal with crimes committed by children?
Between these two criminal cases, one of murder and the other of attempted murder, in addition to the country, one difference will change everything: the age of the accused. “In Finland, the age of legal responsibility is 15,” explains 20 minutes Finnish lawyer Anna-Katariina Loukola. “A minor suspect under the age of 15 is therefore not criminally responsible and cannot be judged or punished in this regard, whatever the act committed,” she specifies. “In France, it’s the same thing, but for minors under 13,” recognizes Laurent Gebler, magistrate in the juvenile chamber of the Paris Court of Appeal.
Irresponsibility is discussed in France
After his arrest, the suspect in the Helsinki shooting was still taken to the police station, “for detention and not police custody,” notes the lawyer. “This detention will last a maximum of 24 hours in order to conduct a preliminary investigation,” she continues. The suspect in the Samara attack was indeed taken into custody for attempted murder. “For a crime where the suspects are minors aged 13 or over, there is systematically the opening of a judicial investigation,” insists the French magistrate. And in the case of a suspect under 13 years old, if the presumption of irresponsibility takes precedence, “the prosecution may request the opening of a judicial investigation if it manages to demonstrate that the suspect was of a particular maturity “.
In Finland, the rule is strict: no criminal prosecution for those under 15 years old. If this remains possible for those under 13 in France, Laurent Gebler recognizes that it is quite rare for this to result in a trial. “Under no circumstances can a prison sentence be imposed, even with a suspended sentence,” he explains. Which is not the case from 13 years and one day, where there can be pre-trial detention and imprisonment despite the excuse of minority, which limits the sentences to a maximum of half of the sentence incurred.
You risk imprisonment from the age of 13 and one day
For the attempted murder in Montpellier, we find ourselves in the latter scenario. If she is actually prosecuted on this charge, the suspect therefore faces a prison sentence, even if her 14 years of age will mean she will escape the juvenile court, where only those over 16 can appear.
For the homicide in Finland or the attack in Montpellier, child protection measures will be put in place. “A minor who has committed a serious offense can thus be placed in a foster family or in an emergency reception center if this is deemed necessary, otherwise he will remain at home,” explains Anna-Katariina Loukola. This last option is however not possible in France, at least not for a minor over 13 years old, who will instead be placed in a closed educational center in the absence of pre-trial detention.
In Finland and France, if the minority excuse therefore allows minors aged 15 or 13 to escape criminal prosecution, this does not exempt their families from compensating the victims, affirm the two specialists. In both countries, this will be done within the framework of civil proceedings, where the amounts of damages can reach very large sums.