Facts
On January 9, 2014, the Juvenile Court of the canton of Geneva issued a penal order finding X., a Romanian minor allegedly born in 2001, guilty of attempted theft, property damage, and trespassing, exempting him from any penalty as well as the payment of procedural costs. X. having filed an objection, the Juvenile Court found him guilty of the same offenses and also exempted him from any penalty.
X. then appealed to the Federal Tribunal, concluding that the unlawfulness of his pre-trial detention should be established and that he should be compensated.
Considerations
The Federal Tribunal rejected the grievance of violation of Articles 212(3) CrimPC, 27 JuPeA, 25 JuCrA, and 31(1) Cst. concerning the principle of detaining a minor under fifteen years of age before trial.
It considered that Article 27 JuPeA, which provides for pre-trial detention as a measure of ultima ratio, constitutes a sufficient legal basis within the meaning of Article 31(1) Cst., without the need to set a minimum age. The Federal Tribunal held that the absence of an…