Minors and the new criminal law

My little boy is full of extravagant ideas. I'm very impressed with him. However, I'm also very worried because he doesn't know his limits and I'm afraid that his creativity could get him into trouble. A friend recently told me that the criminal law on minors had changed, but I didn't quite understand the changes and when they came into force.

Marc, Geneva

Juvenile criminal law has been overhauled and the new provisions came into force on 1 July 2025. The main objective remains unchanged: to provide a framework that prioritises the protection and education of young people rather than repression. However, certain extreme situations are now dealt with more firmly.

In Switzerland, any young person between the ages of 10 and 18 who commits a punishable act falls within the scope of this special law, known as the DPMin for short. It is based on the idea that all minors must first be supported in their personal, educational and social development, and that penalties must be appropriate to their age and maturity.

Among the most significant changes is the possibility of ordering specific expert reports to assess the dangerousness of a minor towards others (art. 9 DPMin). This assessment may be decisive when a placement is envisaged, particularly in a closed institution, an extreme measure reserved for situations where no educational alternative is sufficient (art. 15 DPMin).

Another new feature is that the authorities can now combine several protective measures depending on the child's needs, instead of choosing just one. At the same time, it will be possible to impose bans on contact, areas not to be frequented, or even electronic monitoring via a bracelet.

However, the main feature of the reform is that it provides for tougher penalties in cases of murder. If a minor over the age of 16 is convicted of such a crime under article 112 of the Criminal Code and poses a serious threat to society, he or she may be placed in a closed institution for a further period after reaching the age of majority, in the form of internment under adult criminal law (articles 15 and 19c DPMin). This exceptional change illustrates a clear desire to better protect the public without abandoning fundamental educational principles.

Fortunately, in your child's case, none of these provisions seem to apply. His inventiveness, however inventive, is not enough to alert the authorities. And if he were to cross a red line one day, the law would take into account his age, his background, his environment - in short, everything that makes him a young person in the making.

To sum up, the 2025 reform maintains the balance between supervision and benevolence. It strengthens the tools available to the authorities while reiterating that every young person deserves a chance to develop in an appropriate environment.