Defence for Children International

Beijing Rules

FUNDAMENTAL PRINCIPLES

1.
The fair and humane treatment of juveniles in conflict with the law. In particular, the aims of juvenile justice should be two-fold: the promotion of the well-being of the juvenile and a proportionate reaction by the authorities to the nature of the offender as well as to the offence.

2.
The use of diversion from formal hearings to appropriate community programmes where the consent of the juvenile is encouraged.

3.
.Where diversion is not appropriate, detention of the juvenile should be used as a measure of last resort, for the shortest period of time possible and separate from adult detention.

4.
Proceedings before any authority should be conducted in the best interests of the juvenile and in the manner which allows him/her to participate and to express himself/herself freely.

5.
Deprivation of liberty should only be imposed after careful consideration for a minimum period and only for serious offences.

6.
Capital and corporal punishment should be abolished for any crime.

7.
Institutionalisation of juveniles should only be resorted to after consideration of alternative disposition measures.

8.
Both personnel and police officers dealing with juvenile cases should benefit from continued specialised training.

9.
Whilst undergoing institutional treatment, appropriate educational services and care should be made available to assist juveniles in their return to society.

10.
Release should be considered both on apprehension and at the earliest possible occasion thereafter.

Age Of Criminal Responsibility