we explain the indictment of a child of 10 years

The flames killed a pregnant woman and her three children, and destroyed several apartments. A 10-year-old child was indicted on Monday, July 30, in Bobigny (Seine-Saint-Denis) for " arson causing death" in the investigation into the fire that ravaged a public housing tower , in Aubervilliers, last Thursday. A decision that elicited many reactions, due to the young age of the boy involved.

For what reasons is he indicted?

"He played with a lighter and set fire to a It failed to extinguish the fire that spread to the apartment and then to the neighboring apartments "says a judicial source, quoted by AFP. The fire then spread to the top five floors of the building. A 33-year-old pregnant mother and her 18-month-old children, 4 years and 6 years, died.

The minor was therefore indicted on Monday, for "arson causing death" . "This is not automatic, but the law provides for the indictment of minors under 13 years for serious events" explains to franceinfo a lawyer on duty at the antenna of the minors of the bar Paris. "This is the case here, since there have been several deaths" she adds.

How is the procedure going?

For minors aged 10 to 13 years, custody does not exist: it is replaced by judicial restraint, which can not in principle exceed 12 hours. The child is then presented to a Juvenile Examining Judge, who can decide on the indictment. A traditional investigation, with possible searches and hearings of witnesses, must then be conducted, as in any court case. A social survey and a psychological examination can also be done. At the end of the investigation, the investigating judge may decide on a dismissal or consider that the child must be tried by a juvenile court or a children's badize court, depending on the seriousness of the facts.

Why is the child subject to a "removal order"?

During the course of the indictment, the judge of Bobigny decided to take a "measure of removal "so that the child does not stay in the town of Aubervilliers. It is not about a sanction but of a " presentencial measurement" whose goal is of "to protect the child" explains the antenna of the minors from the Paris Bar. He was "placed with his father, who does not live in the department" specifies Le Parisien .

What is he risking?

A major who is found guilty fire resulting in death would risk life imprisonment. But what does a 10 year old really risk? E n France, "juveniles capable of discernment are criminally responsible for the crimes, offenses or contraventions of which they were found guilty" according to article 122-8 of the penal code. The child can therefore be held criminally responsible. But only educational measures and sanctions can be taken, not penal sanctions. The list of these measures ranges from "admonishment" (a warning to the minor by a juvenile judge) to placement in a host family (measure which is not limited in time), through the internships. civic training. "The prison is only possible from the age of 13 in the case of criminal cases" explains Florence Neple, attorney president of the Juvenile Commission at the Lyon Bar, in Le Figaro .

And his parents?

"The parent who left him unattended could be put under investigation for neglect" explains the antenna of the minors of the Paris Bar. An offense punishable by " seven years imprisonment and 100,000 euros fine" specifies Article 227-1 of the Penal Code.

Is this a standard procedure? [19659007] For the lawyer of the antenna of the minors of the bar of Paris, "it is a rare procedure" but it is not unpublished: "That allows the victims and their families to be a civil party and to seek compensation. " In 2014, a 12-year-old child was indicted and his 10-year-old brother was granted witness status after a fire that cost the lives of two women. "It is quite exceptional, and it is more often related to material damage or badual badault" explains Florence Neple to Figaro . According to her, if these procedures are rare, it is simply because "that there are not many children of this age who commit such serious offenses".