Conspiracy to rob a chip shop; application of adult criminal law ex Article 495(4) Code of Criminal Procedure

The court is of the opinion that the sufficiently close and conscious cooperation between the defendant and the co-accused required for co-perpetration has been established. Although there is no question of a joint execution of the robbery itself, the contribution of the accused to the indictment is, in the opinion of the court, of such weight that it can be qualified as co-perpetration. Thus, the court considers the charged co-perpetration proven.

Article 495, paragraph 4 of the Code of Criminal Procedure allows the multiple chamber, of which the children's court is a member, to take cognizance of facts before and after the accused has reached the age of 18 years. The court must then make a choice regarding the applicable penalty system in accordance with paragraph 5 of the same article. The main rule is that the trial is conducted according to the adult sanction system.

However, the court may decide to apply juvenile sanctions for young adults with the application of article 77c of the Penal Code if grounds for doing so are found in the personality of the accused or the circumstances under which the offenses were committed. Consultation with the juvenile probation officer involved and considering the adolescent criminal justice weighting framework (ASR) has shown that there is no longer any indication for applying the adolescent criminal justice system.