Transfer of Juvenile Offenders to Adult Court in Belgium: Critical Reflections on the Reform of a Moderate Practice

Abstract

Several Western European juvenile justice systems have become more punitive in the last few decades. This article explores whether the Belgian juvenile justice system, traditionally one of the most welfare oriented in Europe, has taken a punitive turn as well. An analysis of the recent amendment of the most punitive element in the Belgian juvenile justice system, transfer to Adult Court, does not provide a definite answer. The regulations on transfer were not made harsher by the new Youth Act. However, we will argue that the amendment, although `mild' at first sight, may, in practice, result in a punitive shift.