Criminal law — Minors — Luxembourg

Minor prosecuted in Luxembourg: your child's lawyer

In the Grand-Duchy, a minor who commits an offence does not fall under ordinary criminal law but under the Youth Protection Act: they appear before the youth court, which orders custody, educational or protective measures. This regime, currently under reform, has its own rules. Admitted to the Luxembourg and Metz Bars, I assist children and parents, residents and cross-border families alike.

In brief — a minor before the Luxembourg courts

The amended Act of 10 August 1992 on youth protection applies to every minor under 18. A minor who commits an offence is in principle not sentenced to a penalty: the youth court (juge de la jeunesse of the district court) orders custody, educational or protective measures: a reprimand, remaining in the family under the supervision of the Central Social Assistance Service (SCAS), placement in a State socio-educational centre or, exceptionally, in a secure unit. From age 16, article 32 of the Act allows the court, where protective measures appear inadequate, to refer the minor to the ordinary criminal courts. At any questioning, the minor is entitled to a lawyer; I am on the official list of lawyers for children kept by the Luxembourg Bar. A reform (bills 7991, 7992 and 7994) is intended to create a genuine juvenile criminal law; at the time of writing it is still before the Chamber of Deputies.

When to call a lawyer

Early involvement prevents a poorly prepared interview from shaping the whole case.

Your child has been summoned by the Grand-Ducal Police or the youth prosecutor for questioning.
They have been held at a police station or brought before the youth judge.
You have received a summons before the youth court, or a placement is being considered.
The prosecutor is asking for your child, aged over 16, to be referred to the correctional chamber.
Your child is the victim of or a witness to an offence committed in Luxembourg.
You live in France and the proceedings are in Luxembourg, or the reverse.

Protection rather than punishment: the logic of the 1992 Act

Current Luxembourg law has no age of criminal responsibility in the French sense: up to 18, an offence triggers protective proceedings, not punishment. The youth judge, seized by the State Prosecutor, investigates the case, hears the minor and the parents, orders social enquiries and decides on the most appropriate measure. Measures can be reviewed at any time and end, at the latest, at majority, unless extended by the court.

This does not mean the stakes are low: placement in a State socio-educational centre (Dreiborn, Schrassig) or in the secure unit (UNISEC) is a real deprivation of liberty, and the measure stays on the minor's file. The defence consists in offering the judge a credible alternative: educational follow-up, family framework, school or vocational project.

After 16: the risk of referral to the criminal courts

Article 32 of the 1992 Act allows the youth court, for a minor who has turned 16, to relinquish jurisdiction to the ordinary criminal courts where a protective measure appears inadequate. The young person is then tried as an adult by the correctional or criminal chamber and faces imprisonment. This referral decision can be contested; it is the decisive moment for teenagers prosecuted for serious acts.

The pending reform: towards a juvenile criminal law

Tabled in 2022 and amended in May 2025, bills 7991 (juvenile criminal law and procedure), 7992 (minor victims and witnesses) and 7994 (help, support and protection) separate, in line with the UN Committee on the Rights of the Child's recommendations, the response to offending from child protection. They provide for a criminal procedure specific to minors, deprivation of liberty as a last resort and the creation of a juvenile detention centre. At the time of writing, these texts are still before the Chamber of Deputies; this page will be updated when they enter into force.

Cross-border families: two systems to reconcile

A teenager living or attending school in Metz may be prosecuted in Luxembourg for acts committed in the Grand-Duchy, and vice versa. Educational measures ordered in one country must then be carried out in the other, which requires cooperation between the Luxembourg youth judge and the French children's judge. Admitted to both Bars, I support the family in both sets of proceedings and keep them consistent. See also the page on juvenile law in France.

Frequently asked questions

Can my 15-year-old go to prison in Luxembourg?

Not in the sense of a prison sentence: under 16, only protective measures can be ordered. Placement in the secure unit (UNISEC) remains possible on an exceptional basis, by decision of the youth court, for a minor who represents a danger and is suspected of serious acts. It is a deprivation of liberty that can be contested.

Is a lawyer mandatory for a minor in Luxembourg?

The minor has the right to a lawyer during questioning and before the youth court; one is appointed if the family does not choose one. Legal aid may be granted depending on means. It is better to choose a lawyer before the first interview than to have one appointed in a hurry. The Luxembourg Bar publishes an official list of lawyers for children, on which I appear.

Are the parents summoned?

Yes. Parents or legal guardians are summoned before the youth judge, heard and involved in the measures. They may also be held civilly liable for damage caused by their child.

My child is a victim in Luxembourg: what should I do?

A complaint can be filed with the Grand-Ducal Police or the State Prosecutor. A minor victim is heard under protective rules (recorded interview, support) and may join the proceedings as a civil party through their parents. State compensation is available if the offender is unknown or insolvent.

Is the juvenile criminal law reform already in force?

No. At the time of writing (September 2026), bills 7991, 7992 and 7994 are still before the Chamber of Deputies. The amended Act of 10 August 1992 continues to apply. This page will be updated when the reform enters into force.

Official sources & resources

Your child has been summoned in Luxembourg?

Call before the first interview. The first consultation is free, at the Belair office or in Metz, in French, English or German.

Book an appointment +33 3 87 75 26 95