Introductory provision
section 1 of this Act, there are specific provisions on the processing
of Police, prosecutors and courts of matters
If the offence for which the accused has not reached the age of twenty-one years.
Moreover the trial bar rules and other
provisions. Law (2014:650).
Investigation and charges in the matter, etc.
Article 2 of the preliminary investigation against the person under the age of eighteen years shall
led by a prosecutor or an employee of the Police Department
that authority has decreed. -Patient basis shall, if
It does not meet any obstacles, through interest and aptitude for
work with young offenders to be especially suited for
the task.
The young have previously been the subject of preliminary investigation proceedings or
investigation under section 31, shall, where possible, the same Prosecutor and
the same employees at the Police Department hired to lead and
implement the new investigation. Law (2015:446).
3 repealed by law (2012:47).
4 § investigations against the person under the age of eighteen years, and
as far as crimes in which imprisonment may follow shall be conducted
with particular urgency. The investigation shall be terminated and
decision in the matter of charges taken as soon as possible and at the latest
within six weeks from the date of the service of criminal suspicion
According to Chapter 23. first paragraph of section 18 of the code of judicial procedure.
The time limit may be exceeded only if necessary with
account of
1. the suspect shall participate in the mediation under the Act
(2002:445) on mediation in respect of the offence, or
2. the nature of the investigation or other special
circumstances. Law (2006:894).
§ 5 If anyone under the age of eighteen years is reasonably suspected
for crimes, legal guardian, or other responsible for the
youngster's care and upbringing as well as another that has an educational role in
relationship with the young immediately notified and called
to the hearings held with the young, if not to but
for investigations or otherwise special reasons against it.
Law (2002:382).
section 6, if anyone under the age of eighteen years is reasonably suspected
for a crime in which imprisonment may follow, the social welfare Committee
immediately be informed. The notification shall indicate whether the
suspect has been asked if he or she wishes to participate in the
mediation under the Act (2002:445) on mediation in view of
crimes and how the suspect agreed to participate.
Law (2002:447).
section 7 at the hearing of the person under the age of eighteen years and who is
suspect in a crime in which imprisonment may follow,
representatives of the social services to attend if it is possible and it can
be done without but for the investigation. Act (1994:1760).
section 8 of the young, then penalty warning has been decided under section 16,
suspected of having committed other crimes previously,
the Prosecutor may decide not to initiate investigations or to
lay down a stub for investigation concerning this
crime. However, this does not apply, if any material generally
or individual interest is overridden by investigation
does not take place. Law (2015:81).
section 9, If any, under section 3 of the Act (1990:52) with special
provisions on the care of young people has been taken in such a home as referred to
in section 12 of the Act, is suspected of having committed offences which fall within the
public prosecution, before health care at home has been completed, the Prosecutor
consider whether criminal charges should be done. Before the prosecution question is determined, the
the Superintendent of the home be heard unless it is unnecessary.
Act (1994:1760).
Personal investigation
section 10 Before an action has been brought before the courts, the prosecutors seek
statement pursuant to section 1 of the Act (1991:2041) if the particular person investigation in
criminal matters, etc. in the case of the under the age of eighteen years.
Act (1994:1760).
section 11 in respect of the suspected of having committed crimes
before he or she reached the age of eighteen years shall, before
decisions are made in prosecuting the matter, obtain the opinion of
social welfare in the municipality in which, according to the social services law
(2001:453) is responsible for the young, if he has acknowledged
the deed or otherwise there is reasonable suspicion that he
or she has committed the offence and such an opinion is not
obtained during the preliminary investigation. Opinion need not
be obtained if the crime is petty, if it is clear that the
see prerequisites for penalty warning or
the failure to prosecute or if it is otherwise unnecessary.
If the preliminary investigation in criminal matters on the jail can
follow, should, if possible, request a-patient basis
such an opinion referred to in the first paragraph not later than
with the service of criminal suspicion according to Chapter 23. section 18 of the first
subparagraph, the code of judicial procedure.
An opinion shall include a description of the measures
as the Committee has previously taken in the case of the young, as well as a
assessment of whether the kid has a particular need for action
as a aims to counter that he or she develops
unfavourable. Furthermore, the opinion shall include a statement of
the measures that the Board intends to take. Those measures shall
reported in a youth contract if they are taken with the support of
the Social Service Act and in a care plan if they are taken with the support of
the Act (1990:52), with specific provisions for the care of the young.
The nature, the scope and duration of such measures shall
indicated in the contract or the care plan. The opinion shall, if
-patient basis or, in the cases referred to in the first
paragraph, the Prosecutor requests it or if the Board considers it
necessary, shall also include a statement of the youngster's
personal development and living conditions in General. A
opinion shall also contain an assessment of youth service
is an appropriate sanction given the youngster's personal and
circumstances of the case.
Board, even without the context of opinion leave it as is
responsibility to obtain the opinion of the information which it
request in the case of the young. Law (2015:81).
paragraph 12 of the statement according to § 11 shall specify within which
time the opinion and, if appropriate, provide
the Social Welfare Board instructions for how the opinion can be limited. If
the Board is unable to provide its observations within the prescribed
meantime, the who requested the opinion to admit that it is left
later. The opinion may be provided orally in such a
meeting referred to in section 18 if it is necessary to
meet the deadline. Law (2012:47).
Request to address and mitigate damage
section 13, a police officer may invite any person who has or is likely to have
age of fifteen but not eighteen years as soon as possible to take
measures to remedy or limit damage due
offences, if the kid has confessed the crime or otherwise with
the circumstances are clear that he or she
have committed the crime. Such a request may be granted only if the
It is appropriate in the circumstances. If it is not
is clearly unnecessary, the plaintiff's consent
before the call is given.
A request referred to in the first subparagraph may also be given by another
employed by the police authority as authority.
Law (2015:446).
Retention
section 14 does anyone under the age of 18 years were arrested and decides
the Prosecutor not to detain the young, may Police Department
keep the young for a speedy surrender him
or her parents, guardian, a
officer in social services or any other appropriate
adult person. What the foregoing applies, however, only if the
the Prosecutor found that the young are still reasonably
a suspect in the crime.
For the same purpose, the police retain it as
under the age of 18 years, if the kid has been included to
interrogation and is suspected of a crime.
In no case may someone under the first or second subparagraph
held for more than three hours after the Prosecutor's decision
or hearing. The suspect may be detained if there is
necessary with respect to the policy or security.
Law (2014:650).
Penalty order
section 15 of the public prosecutor may, in spite of the limitations imposed by Chapter 48.
the first sentence of the first subparagraph of paragraph 4 of the code of judicial procedure, issue
penalty for the crimes that have been committed by someone who has not
age of eighteen
years, if it can be assumed that the young, if charges had been brought, would have
been sentenced only to a fine. The Prosecutor shall take into account the particular
the rules under which the Court may impose more lenient sentences than it is
prescribed for the offence. Act (1994:1760).
Penalty warning
section 16 if anyone has committed a crime before he or she has
age of eighteen years, the Prosecutor may decide to halt proceedings
According to section 17 (penalty warning).
Provisions concerning opportunities for the Prosecutor to decide that
halt proceedings is also available in Chapter 20. section 7 of the code of judicial procedure
(prosecution failure).
In regards to halt proceedings since the prosecution applied
20 chapter. 7 a of the code of judicial procedure. Law (2015:81).
section 17 Penalty warning may be decided, if the young are subject to
such action set out below and with good reasons can be assumed to
thus taken what is most appropriate for the young:
1. health care or any other measure under the social service act
(2001:453),
2. care or other action under the Act (1990:52)
specific provisions for the care of the young, or
3. other action that involves the young get help or
aid.
Penalty warning may also be decided, if it is clear that
the crime has occurred by dilatory and/or vexatious reviews or haste.
In deciding whether the penalty warning should be decided,
the Prosecutor, in addition to what follows from the first and second subparagraphs
in particular, take into account the youngster's desire to replace the injured party for
damage caused by the offence, to remedy or
limit the damage, to otherwise indemnify the plaintiff or
to help ensure that mediation comes about under the Act
(2002:445) on mediation in respect of the offence.
Penalty warning may not be decided, if any material generally
or individual interests thereby infringed. In the assessment
whether any significant public interest should override the
especially if the youngster has previously committed
to the crime. Law (2015:81).
section 18 of the young should be notified of a decision regarding penalty warning
at a private meeting with the Prosecutor within two weeks after
the decision has been taken. The youngster's guardian or
someone else who is responsible for the youngster's care and upbringing as well as
else have an educational role in relation to the young
to be called to the meeting, if it does not meet obstacles or otherwise
There is a particular reason for it. Also representatives of
social services should be given the opportunity to attend.
It is obvious that a personal meeting can not be implemented
within the time limit referred to in the first subparagraph, the meeting will take place
later. A personal meeting can not be carried out, the young
be notified in writing of the decision. Law (2015:81).
§ 19 at a meeting in accordance with section 18, the Prosecutor, in particular explaining
the meaning of the decision on the code of the warning and the
character requirement as this is associated with, and clarify the
consequences could be of further breaches of the law.
Law (2015:81).
section 20 of the provisions of §§ 18 and 19 shall apply mutatis mutandis also
decision on the prosecution failure according to Chapter 20. section 7 of the code of judicial procedure, if
the decision relates to crimes committed before he has reached the age of eighteen
year. Act (1994:1760).
section 21 of the Social Welfare Committee shall be notified of a decision under section 18, on the
any action by the Board's page is assumed. Act (1994:1760).
section 22 of the penalty under section 17 of the warning shall observe
good character.
A decision on punishment warning may be withdrawn, if the Special
circumstances causing it. in assessing whether
the withdrawal is to take place, it should especially be taken into account if the youngster has
retreated in crime within six months from the decision
penalty warning. Law (2015:81).
Pre-trial detention
section 23 of The under eighteen years of age may be detained only if there are
serious reasons. Act (1994:1760).
Public Defender
section 24 Of a suspect under the age of eighteen years, a
Public Defender appointed, unless it is clear that the
He or she has no need of a lawyer. When a public
the Defender shall serve for a period, the-patient basis report it
with the right.
For an earlier accused Cape 21. paragraph 3 (b) and chapter 23. paragraph 5 of the
the code of judicial procedure. Law (2012:658).
The trial
section 25 of the destination in the District Court and Court of appeal against those who have not completed
Twenty-one years, unless they meet obstacles, be dealt with by
judge-in-training, in particular, has been appointed by the Court to
deal with such objectives. The same shall apply in the case of jurors
hired for service in such cases.
In cases relating to offences on which only the fines can follow, other
than those referred to in the first subparagraph shall be hired. Law (2001:152).
26 § when the indictment against the person under the age of eighteen years,
the District Court shall notify the custodian or other responsible
for the youngster's care and upbringing as well as another that has an educational
role in relation to the kid about the indictment and on time
for the trial, unless there are special reasons against
the corresponding obligation to provide notification of
the timing of the trial also applies higher right.
If the opinion referred to in section 11 shall be given or made by
the Social Welfare Board, the Court shall inform the Board about the time
for the main hearing.
If the prosecution is for a crime in which imprisonment may follow,
the custodian or other referred to in the first subparagraph, be heard in
the goal, if it can be done and there are no special reasons against
it.
Guardian or other person interviewed referred to in the third subparagraph have
the right to compensation and advances according to what is prescribed
If the witness. The remuneration shall be paid by the State.
Law (2006:894).
section 27 Goals against it under the age of twenty-one years shall, if the target
relates to crimes in which imprisonment may follow, as far as possible be
out to the prosecution in such order that the proceedings do not attract
attention.
On the publicity of hearing in case against those who do not have
Twenty-one years is to obvious nuisance as a result of the
attention the defendants likely to be subject to, the
law order that proceedings shall be dealt with behind closed doors.
Believes the right to such appointment should be made, and is
also anyone who has reached the age of twenty-one years accused in the proceedings shall
right, if it can be done but that the investigation is significantly impeded,
handle the prosecution of anyone who is under twenty-one years as a
specific objective.
Even if a decision is taken in accordance with the second subparagraph, the right to admit
the defendants ' relatives, as well as the other, whose presence may
expected to be of benefit, may attend the proceedings.
In the case against the person under the age of eighteen years shall be the District Court
keep the main hearing even if there is no reason to
the sentence to the other penalty than fines. Act (2005:691).
section 28 law may adjudicate to youth care only if the
There is an opinion of the Board of the content referred to in
11. Unless there are special reasons, such
opinion also to the right to get judge those who do not have
Twenty-one years of imprisonment of more than three months.
Law (2006:894).
section 29 Goals against the person under the age of twenty-one years shall always
be dealt with expeditiously.
If it brought public prosecution against the person under the age of eighteen years
for an offence for which it is prescribed imprisonment for more than
six months, the time limits prescribed
for measures in cases where the accused is detained. The
extended deadline specified in chapter 45. section 14, second subparagraph
second sentence, judicial procedure shall not, however, apply.
If the Court requests an opinion from the social welfare board in accordance with section 28,
Board shall deliver its opinion within such time that law can keep
main hearing according to the rules laid down in the second subparagraph. If the case
nature justifies it, the Court's opinion with
consent is submitted later. Law (2014:321).
section 30 of the case against the person under the age of twenty-one years shall, unless
encounter serious obstacles, judgment was pronounced orally in
the main hearing. Otherwise 30 Cape. section 7 of the code of judicial procedure.
Act (1994:1760).
30 a of in case of elimination of the penalty in accordance with Chapter 32. 4 §
the Penal Code §§ 26 and 30 shall apply, with the
These paragraphs about main hearing shall apply to
meeting held in the goal of elimination of the penalty.
Law (2006:894).
Warning
section 30 (b) If any sentenced to youth custody or to
Youth Service materially fails to do what
incumbent upon him or her under a precept in the youth care
about following a youth contract or pursuant to a judgment on
youth service, the Prosecutor instead of bringing an action
According to 32 Cape. section 4 of the Criminal Code determine that warning must
communicated to the young, if this is deemed a sufficient measure.
Warning shall as soon as it can be communicated to a child in a
personal accident. The youngster's guardian or
other responsible for the youngster's care and upbringing as well as different as
have an educational role in relation to the young shall be called
to the meeting, if it does not meet obstacles or otherwise
There is a particular reason for it. Also representatives of
social services should be given the opportunity to attend. Can a
personal meeting does not take place, the
Kid be notified in writing of the decision.
At the meeting, the Prosecutor, in particular explaining
the implications of the decision and clarify what the consequences may be at
continued misconducts. Law (2006:894).
Crimes committed by those under the age of fifteen years
section 31 Allows anyone suspected of prior to the age of 15 have
committed a criminal offence for which it is not required
the more lenient penalty than imprisonment for one year or a punishable offence
attempt, preparation of a criminal or a criminal offence
conspiracy to commit such an offence, an investigation of the crime
commence, unless special reasons against it.
At the request of the social welfare committee, a report on the crimes including
in other cases with respect to someone who has not reached the age of fifteen
year, if social welfare considers that the investigation may be assumed to have
importance to determine the need for social service efforts
for the young. In that assessment, it should particularly be taken into account if
It is a crime that involves the young compromises
their health or development or if the crime is likely to be
part of a repeated crime committed by the young.
In cases other than those referred to in the first and second subparagraphs, the
investigation on crimes initiated with respect to someone who has not reached the
fifteen years
1. If it is necessary to clarify if someone who has reached the age of
fifteen years have taken part in the crime,
2. If it is necessary to seek goods that have products obtained
by crime or who may be subject to forfeiture,
or
3. where, for other reasons is of particular importance with respect
to a public or individual interest.
Have the young age of twelve years, an investigation in accordance with the second
or, third subparagraph, shall be initiated only where there are serious
reasons. Law (2010:478).
32 § Rules of investigation in Chapter 23. 3, 4,
6-14 section, paragraph 18, 19, 21 and 24 of the code of judicial procedure
shall apply mutatis mutandis to such an investigation as referred to
in section 31.
An investigation referred to in section 31 shall be conducted with special
urgency and will end as soon as possible. The investigation
may not last longer than three months, unless it is
necessary to take account of the nature of the investigation or
other special circumstances.
The investigation will be led by a prosecutor or an employee of
The police authority which authority has decreed.
-Patient basis shall, if it does not encounter any obstacles,
through the interest and aptitude for working with young people
offenders may be particularly suited for the task.
The young have previously been the subject of an investigation in accordance with
section 31, shall, where possible, the same Prosecutor and the same employees at
Police hired to lead and implement the new
the investigation. Law (2015:446).
32 a of A legal counsel should be appointed for the young
1. in the case of an inquiry under section 31 of the first paragraph, if not
is clear that the young have no need of it, and
2. in the case of an inquiry under section 31, second or third subparagraph,
If there are serious reasons for it.
Application for such assistance is made by the Prosecutor or the youngster's
guardian of the District Court. The provisions of Chapter 21.
5 – 8 § §, § 9, second subparagraph, and article 10 of the code of judicial procedure to be
apply to such legal counsel.
Law (2010:478).
33 § the youngster's legal guardian, or other responsible for the
youngster's care and upbringing as well as another that has an educational role in
relationship with the young shall be notified immediately
1. If a child is suspected to before the age of fifteen
have committed a criminal offence, and
2. If an investigation under section 31 have been initiated against the young.
The person shall be informed in accordance with the first subparagraph shall be called to
interviews held with the young.
The first and second subparagraphs shall not apply if it is to the detriment of
the investigation or there are special reasons against it.
Law (2010:478).
34 § Social Welfare Board shall immediately be informed
1. when someone believed to have before the age of fifteen
committed a criminal offence for which imprisonment may follow, and
2. when an investigation under section 31 have been initiated.
At the hearing of the young in an inquiry under section 31 of the third
paragraph, the representative of the social services to be present, if it
not encounter any obstacles. It is an investigation in accordance with
section 31 of the first or second paragraph required specific reasons to
representatives of the social services should not be present.
In the cases referred to in section 31, second paragraph, no other action
yet interviews with the young are taken before the social welfare Board has requested
that an investigation should be initiated. If there are special reasons,
However, other measures are taken.
On crime of suspicion after the hearing with the young and
after other measures taken, the record of the questioning
and measures to be addressed to the social welfare committee.
Law (2010:478).
section 35 has no prior fifteen years of age committed an offence for which
jail would have been able to follow and present the young at the bar
offence or fleeing from the crime scene, he or she
be seized by everyone. If an individual has grabbed the young,
He shall promptly handed over to the nearest police officer.
The police authority or the Prosecutor shall immediately adopt
the young should be released or held for questioning. The young
must not be detained but may be detained under section 14 of, however,
no longer than three hours after the decision on parole or, if
the youngster has been included for questioning, then the questioning ended.
Law (2006:894).
section 36 Is a suspect for that before the age of 15 have
committed an offence may, if there are special reasons,
1. seizure, searches and body searches undertaken against the
young, as well as
2. photography and fingerprints taken by the young
in accordance with the provisions of Chapter 27 and 28. the code of judicial procedure.
As in Chapter 27. 7 and 8 of the code of judicial procedure about prosecution
and if the effect of that prosecution is not instituted should instead refer to
bevistalan and an action for forfeiture and the effect of such
the action is brought. Law (2010:478).
36 a of Is any reasonably suspected to before fifteen years
age having committed a crime for which are not prescribed
the more lenient penalty than imprisonment a year or a punishable offence
attempt, preparation of a criminal or a criminal offence
conspiracy to commit such an offence, bodily inspection undertaken,
If it is of the utmost importance to clarify the
the circumstances surrounding the crime. Law (2010:478).
36 b of Is any reasonably suspected to before fifteen years
age may have illegally used drugs body inspection
by the taking of samples from the body and investigation of such
test done, if it can be assumed to be necessary to determine
the need for social services efforts for the young.
Such body inspection decided by the prosecutors.
The Social Welfare Board shall immediately be informed of the result of a
such a person. The same applies to the youngster's
parent/guardian or other responsible for the youngster's care and
education and another that has an educational role in relation
to the young, unless there are special reasons against it.
Law (2010:478).
section 36 c to kroppsbesiktigas according to § 36 36 a or b
may be kept for this purpose up to three hours or if
There are serious reasons, an additional three hours.
Law (2010:478).
36 d § Body inspection according to § 36 36 (a) or (b) shall not
enforced or witnessed by anyone other than a doctor, a
a registered nurse or a person of the same sex
as the young. Body inspection only means that
blood test, alcohol breath or saliva sample for DNA
analysis is on the young, may, however, be carried out or witnessed
by someone who is not of the same gender as the young. Law (2010:478).
36 e section on physical inspection in accordance with section 36, Chapter 28. section 12
second subparagraph, and paragraph 13 of the first and second subparagraphs
the code of judicial procedure shall apply.
On physical inspection in accordance with paragraph 36 (b) to Chapter 28. 3 (a) and 9 sections,
section 12, second subparagraph, second sentence, and paragraph 13
the code of judicial procedure shall apply mutatis mutandis. Law (2010:478).
36 f § against it for fifteen years, only the
coercive measures may be used as specified in
1. this law,
2. Chapter 23. 7-9 of the code of judicial procedure, or
3. Another Constitution which expressly provides that
coercive means may be used against it for fifteen years.
Law (2010:478).
37 section When an inquiry under section 31 is completed
the assessment report shall be sent as quickly as possible to
the Social Welfare Board. Law (2010:478).
section 38 Suspected any of that before the age of fifteen have committed
a crime, prosecutors, if required, from a general point of view,
After the production of social welfare, welfare or
the guardians for the young, an appeal to the Court
whether the kid has committed the crime (bevistalan).
At paragraph 25 bevistalan applied and
the provisions relating to public prosecution of criminal offences, for which there is
mandating prison for more than a year. In the case of coercive measures
case of 36-36 (f) sections. Such costs referred to in
31. section 1 of the code of judicial procedure should the State be responsible for.
Law (2010:478).
Collaboration
§ 39 Municipalities and the authorities dealing with matters concerning
young offenders should promote local cooperation between
representatives of the municipalities and authorities regularly occurs
in the horizontal issues concerning young offenders.
Law (2015:81).
Transitional provisions
1994:1760
This law shall enter into force on 1 March 1995. Older provisions
apply in matters of police and Prosecutor's Office where
preliminary investigation has been initiated before the entry into force. The Court applied
older provisions in cases where an action has been brought before the entry into force.
2006:894
1. this law shall enter into force on 1 January 2007.
2. The provision in paragraph 4 of its older version shall apply in case
and cases of police and prosecutors ' offices where
preliminary investigation has been initiated before the entry into force.
3. The new provision in section 11, the second subparagraph shall apply
only in the case of matters of police and
prosecutors ' offices where investigations have been initiated after
the entry into force.
2010:478
1. this law shall enter into force on 1 July 2010.
2. The provision in paragraph 32 of its older version
apply to investigations that have been initiated before the entry into force.
