Juveniles Law

In this law, the following terms shall have the meanings assigned thereto, unless the context requires otherwise:
1. Law: Juveniles Law.
2. Regulations: Implementing Regulations of the Law.
3. Prosecution: Public Prosecution.
4. Ministry: Ministry of Labor and Social Development.
5. Juvenile: Any male or female who is over the age of seven and below the age of 18.
6. Court: The court or circuit having jurisdiction over juvenile cases.
7. Home: A Ministry facility where separate places are designated for the housing and detention of male and female juveniles.

A person under the age of seven who commits a punishable act shall not be subject to criminal prosecution.

For the implementation of this Law, a juvenile’s age shall be calculated according to the Hijri calendar, on the basis of the date of birth stated in any official document. When considering the case, the court may refer the juvenile to the competent medical authority to estimate his age.

Procedures for recording reports by juveniles and the hearing of juvenile witnesses as well as any subsequent procedures requiring a juvenile’s first appearance (in the presence of his guardian or a person acting in such capacity) shall be held in an appropriate place. To this effect, the Regulations shall specify the necessary procedures to ensure that the juvenile is not required to appear for any future action unless otherwise required, at the discretion of the investigator or judge

If a juvenile is arrested in flagrante delicto, his guardian or a person acting in such capacity shall be immediately notified.
In cases other than flagrante delicto, the juvenile’s status shall be taken into consideration. The arrest shall be in the presence of his guardian, a person acting in such capacity, or a representative from the home, or in a manner that ensures the presence of more than one person. The Regulations shall specify arrest procedures.

In all cases, the notification of a juvenile shall not be deemed valid unless his guardian or the person acting in such capacity is duly notified.

A juvenile may not be detained for the purpose of investigation, unless deemed necessary by the Public Prosecution. In all cases, a juvenile may not be detained except at the home and pursuant to a reasoned detention order.

1. If the county or district where a juvenile resides does not have a home for his housing or detention, he shall be immediately transferred to the nearest home to his residence.
2. A male juvenile shall be transferred in the company of his guardian or a person acting in such capacity. If not feasible, he shall be accompanied by a Ministry representative, if possible, or in a manner that guarantees the presence of more than one person. A female juvenile shall be transferred in the company of her guardian or a person acting in such capacity. If not feasible, she shall be accompanied by a mahram, one female prison officer or more, if possible, or in a manner that guarantees the presence of more than one person.

A juvenile’s detention shall end upon the lapse of five days, unless the investigator decides to extend the detention period. In such case, he shall, prior to its expiry, refer the case file to the head of the prosecution branch or a designee from among the heads of circuits within his jurisdiction to issue an order to release said juvenile or extend his detention for one or more successive periods, provided that their aggregate does not exceed 15 days from the date of the juvenile’s arrest.

In cases that require detention for a longer period, the matter shall be referred to the Public Prosecutor or a designee from among his deputies to issue an order of extension for one or more successive periods none of which shall exceed 10 days, and their aggregate shall not exceed 60 days from the date of the juvenile’s arrest. Thereafter, the juvenile shall be directly transferred to the competent court or released.
In cases requiring detention for even longer periods, the court may approve the request to extend the period of detention for one or more successive periods, as it deems necessary, and shall issue a reasoned judicial order to this effect.

In areas where no home exists, the chief investigator or his designee shall hear the juvenile’s statements in the presence of his guardian or a person acting in such capacity, or a Ministry representative, or in a manner that ensures the presence of more than one person. The case file shall be forwarded to the prosecution and the juvenile shall be handed over to his guardian or a person acting in such capacity after pledging to bring him upon request, unless the prosecution decides otherwise.

The prosecution shall only question a juvenile in the presence of his guardian or a person acting in such capacity, a social researcher or worker, or an attorney. The questioning shall be conducted inside the home or, if the interest of the investigation warrants otherwise, at a different age-appropriate location. The Regulations shall specify the required rules and procedures.

The home shall, upon admitting the juvenile, prepare a social report on the juvenile and submit it, along with the case file, to the court. Such report shall be provided whenever the court so requests.
In all cases, the home shall, on a regular basis, provide the court with a social report on the juvenile. The Regulations shall specify the periods for submitting these reports

Without prejudice to the right of the parties to the suit to object, filing charges shall suffice in juvenile cases without the need for indictment, except in cases requiring consideration by three judges.

A juvenile’s trial shall be conducted before the court in his presence and the presence of his guardian or a person acting in such capacity, or, if not possible, a representative from the home, without prejudice to the juvenile’s right to seek the assistance of an attorney in accordance with statutory provisions.
The court may, at the request of a party with interest, permit the non-appearance of the juvenile, or his guardian or a person acting in such capacity at the trial. The presence of the juvenile’s representative at the trial shall suffice and the trial shall be deemed in person.

1. If a juvenile is under the age of 15 at the time of committing a punishable act(s), he shall be subject to one or more of the following measures:
a) Reprimand and warning.
b) Handing him over to the parent with whom he lives or to the person having custody over him.
c) Banning him from certain places for a period not exceeding three years;
d) Banning him from certain activities.
e) Placing him on social probation in his normal environment for a period not  exceeding two years.
f) Compelling him to perform certain duties for a period not exceeding three years.
g) Placing him in a social or reformatory institution for a period not exceeding one year, provided he has reached the age of 12 at the time of committing the punishable act.
2. If a juvenile has reached the age of 15 at the time of committing a punishable act, he shall be subject to the prescribed penalties, save for imprisonment. If the punishable act mandates imprisonment, he shall be committed to a home for a period not exceeding half the maximum penalty prescribed for such act and without compliance with the minimum penalty. If the offense is punishable by death, he shall be committed to a home for a period not exceeding 10 years.
3. The court may apply one or more of the measures provided for in paragraph (1) of this Article to a 15-year-old juvenile who commits a punishable act if it believes that he will not repeat such act in light of his conduct, past, personal circumstances, or the circumstances under which he committed the punishable act.
4. The court shall assign the relevant agency to monitor the enforcement of the measure imposed against the juvenile.
5. The court may at any time impose or terminate one or more measures, or substitute one with another. 1. The court may, pursuant to a reasoned decision, at its own discretion or upon  .

Provisions of this Law shall not prejudice Sharia provisions relating to hudud and qisas crimes.

If a juvenile reaches the age of 18 before his detention term expires, he shall be transferred to prison to serve the remainder of his term, unless the court, at its own discretion or upon a motion by an interested party, decides otherwise.

If the crime is committed by juveniles and non-juveniles, the prosecution shall prepare a special file on the non-juveniles for referral to the competent court and a file on the juveniles for referral to the court, unless it lacks subject-matter jurisdiction. In any case, the juveniles shall be subject to the procedures and provisions stipulated in this Law.

Judgments rendered against a juvenile shall be recorded in a special register maintained by the home and shall not be entered in a criminal record.

the motion of a juvenile, his guardian, or an interested party, release a juvenile offender on parole, provided that he has served at least one quarter of his sentence.
2. If a juvenile breaches the conditions of release stipulated in paragraph (1) of this Article prior to the expiry of the sentence, he shall be returned to the home to serve the remainder of the sentence.

Subject to the provisions of Article 15 of this Law, all judgments made against a juvenile shall be enforced inside the home and in the presence of a court representative, unless the court decides otherwise.
Article 22

In cases not provided for in this Law, the provisions of the Law of Criminal Procedure shall apply to juveniles, to the extent consistent with his status as a juvenile.

The Council of Ministers shall issue the Implementing Regulations drafted by the Ministry of Justice, the Ministry of Interior, the Ministry of Labor and Social Development, the Supreme Judicial Council, and the Public Prosecution, within a period not exceeding 90 days from the date of issuance of this Law.

This Law shall enter into force 90 days after its publication in the Official Gazette and it shall repeal any conflicting procedures and provisions.