Minors and the Youth Law

The Youth Law and criminal proceedings for minors

Who is a minor and what is the age of criminal responsibility?

A minor under the law is a person who has not yet reached eighteen years of age. The Youth Law (Trial, Punishment and Modes of Treatment), Tashla-1971, applies to any minor who committed an offense while under the age of 18, and after reaching 12 years of age, which is the age of criminal responsibility in the State of Israel.

Juvenile courts, a unique proceeding

Juvenile courts are Magistrate's Courts in which the judges undergo dedicated training. The nature of the hearings is fundamentally different from an ordinary criminal trial: the discourse with the minor is usually conducted in a relaxed atmosphere, at eye level, with a rehabilitative rather than solely punitive purpose. In certain serious offenses, the proceeding will be conducted in the District Court, but still within the framework of the Youth Law.

The main objective: rehabilitation, not punishment

Unlike in adult criminal law, when it comes to a minor, the main objective is rehabilitation and removing the minor from the criminal world. A minor who cooperates and commits to treatment and rehabilitation proceedings has a real chance of not being convicted at all, and of repaying his debt to society in an alternative way: community service, a probation order, a treatment framework, and more.

But in order to achieve this result, professional representation is required that knows how to leverage the cooperation, enlist the Probation Service, and persuade the court that rehabilitation is the right path.

The role of the Probation Service

The probation officer enters the picture at the very beginning of the proceeding, accompanies the minor, and tries to integrate the minor into suitable therapeutic frameworks. The recommendations of the Probation Service are presented to the court and carry significant weight. However, the probation officer does not represent the minor and does not argue on the minor's behalf. For that, a criminal defense lawyer familiar with juvenile proceedings is required.

Confidentiality of the proceeding, protection for the minor's future

The Youth Law provides that hearings concerning minors will be held "in camera" and their details will not be published, even after they reach adulthood. The purpose of confidentiality: to allow the minor to begin a "new page" in life without the criminal stain that would accompany the minor for years.

Why is early representation especially critical in juvenile cases?

The difference between early and high-quality representation and entering the picture later can be the difference between a criminal conviction and non-conviction. The proceeding under the Youth Law creates unique opportunities that do not exist in ordinary criminal proceedings, but they require in-depth knowledge, familiarity with the relevant authorities, and quick, well-considered action.

Legal representation for minors in criminal proceedings

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents minors and youths in criminal proceedings, including full support for the minor and the minor's family, work with the Probation Service, representation before the Juvenile Court, and building a rehabilitative path that benefits the minor and protects the minor's future. If your child is involved in a criminal proceeding, contact us for an initial consultation without obligation. Every day that passes without representation is a day in which the proceeding takes shape without professional presence by the minor's side.

A minor's rights during police questioning, what every parent must know

Introduction

When a minor is arrested or summoned for police questioning, parents often find themselves under enormous pressure, confused, alarmed, and unsure of what is allowed and what is prohibited. The Youth Law (Trial, Punishment and Modes of Treatment), Tashla-1971, sets out specific provisions protecting minors in criminal proceedings, protections that must be known and demanded in real time.

1. Duty to notify parents

Under section 9Vav(c) of the Youth Law, the officer in charge must notify the minor's parent without delay in two situations: when a suspected minor arrives at the station (even without arrest), and when a minor is arrested. If the parent cannot be located with reasonable effort, an adult relative known to the minor must be informed.

2. Questioning a minor with the parents' knowledge

A minor suspect or witness will be summoned and questioned with the knowledge of his or her parent, unless the minor personally requested otherwise, or an authorized officer decided otherwise for reasons relating to the best interests of the investigation, the minor's welfare, or the prevention of obstruction of proceedings.

3. The right of a parent to be present during questioning

A minor suspect who is not under arrest, and who under the law has the right to have his or her parent or another relative notified, is entitled to their presence during questioning and to consult with them as far as possible before it begins, unless an authorized officer believed that the parent's presence would harm the investigation, frustrate it, or prevent the discovery of evidence. Another exception: if the minor personally expressed opposition for a reasonable reason.

Warning: not infrequently, the police exploit the parents' state of pressure and induce them to get their children to confess, without legal advice. Do not enter the interrogation room before consulting.

4. Beginning questioning without a parent's presence

An authorized officer may begin questioning even without a parent's presence if: the parent did not arrive within a reasonable time after being summoned; the parent could not be located with reasonable effort; or there is concern about obstruction of investigative proceedings. The decision must be reasoned in writing.

5. Parental interference in questioning

The parent present shall not interfere during the questioning and shall not leave the interrogation room without permission from the investigator. An investigator is authorized to remove a parent who disrupts the questioning, interferes with it, or threatens the minor.

6. Prohibition on questioning at night

A minor shall not be questioned at night hours, except in exceptional circumstances:

For a minor under the age of 14, night hours are between 20:00 and 07:00. For a minor who has reached 14, night hours are between 22:00 and 07:00.

Permitted exceptions: the offense was committed close to the time of the arrest; concern about obstruction of the investigation; prevention of the discovery of evidence; harm to the minor's well-being.

7. The right to consult with a lawyer before questioning

Before the questioning of a minor suspect begins, the investigator must inform the minor, in language he or she understands and taking the minor's age into account, of two central rights: the right to consult privately with a lawyer, and the right to a parent's presence. The right to consult with a lawyer is the most important right, and it should be exercised before any version is given.

Legal representation for minors in questioning and in criminal proceedings

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents minors and youths in police investigations and criminal proceedings, including immediate advice before the investigation, accompanying the parents, working with the Probation Service, and building a rehabilitative path. If your child has been summoned for questioning or arrested, seek an initial consultation without obligation before any version is given.