Imputation of the duration of the provisional placement of a minor on a custodial sentence

Facts

The Federal Tribunal was seized of an appeal in criminal matters against a judgment of the Criminal Court of Appeal of the Vaud Cantonal Tribunal. The appellant, X., born in 1996, had been sentenced by the Juvenile Court of the Canton of Vaud to 1 year of unconditional deprivation of liberty, less 189 days of pre-trial detention or placement in a closed institution.

However, the cantonal court had not imputed 293 days of provisional placement in a semi-open institution, including 98 days of escape, on the custodial sentence. X. appealed to the Federal Tribunal, primarily concluding that 384 days of pre-trial detention or placement in a closed or semi-open institution should be imputed on his sentence.

Considerations

The Federal Tribunal recalled that, in accordance with Art. 32 para. 3 of the Federal Act governing the criminal status of minors (DPMin), the duration of the provisional placement must be imputed on the custodial sentence, unless the placement has achieved its objective. This imputation is mandatory and the authority has no discretion on the principle of imputation.

However, the fraction of the duration of the placement to be imputed must be determined according to the importance of the restriction on the liberty suffered by the minor, his prospects for amendment and the…