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About Juvenile Law in Arlesheim, Switzerland

Juvenile law in Switzerland is largely federal, which means the same core rules apply across the country. In Arlesheim, those rules are applied by the authorities of the Canton of Basel-Landschaft. Youth criminal cases are governed by the Federal Juvenile Criminal Law Act and the Federal Juvenile Criminal Procedure Code. Child protection and welfare measures are governed by the Swiss Civil Code and handled locally by the Child and Adult Protection Authority known as KESB.

Juvenile criminal law covers children and adolescents from age 10 up to their 18th birthday at the time of the alleged offense. The system is designed to educate and reintegrate rather than punish. Proceedings are adapted to the age of the young person, are generally confidential, and involve parents or legal guardians. When protection is needed, KESB can order supportive or supervisory measures for the child and family.

Why You May Need a Lawyer

You may need a lawyer if a young person has been contacted by the police in connection with an offense, is facing charges, or has been detained. Legal advice is also important if you or your child is a victim and you want to assert victim rights and obtain support. A lawyer can guide families during police questioning, help protect the right to remain silent, and ensure that a responsible adult is present during interviews.

Legal help is valuable in KESB child protection proceedings, for example when there are concerns about a minor’s wellbeing, supervision, schooling, or mental health. A lawyer can address civil claims for damages arising from a juvenile offense, help with school or apprenticeship issues that flow from a case, and advise on criminal record entries, rehabilitation, and travel or immigration consequences. If the case involves cross-border elements with France or Germany, local counsel can coordinate with neighboring jurisdictions.

Local Laws Overview

Key federal rules include the Federal Juvenile Criminal Law Act, which defines age thresholds, available sanctions, and educational measures, and the Federal Juvenile Criminal Procedure Code, which sets out child-appropriate procedures. The Swiss Civil Code provides the framework for child protection measures ordered by KESB. In juvenile matters, hearings are not public, the language of proceedings in Arlesheim and Basel-Landschaft is German, and interpreters are available if needed.

In Basel-Landschaft, juvenile investigations are handled by the Jugendanwaltschaft, the specialized youth prosecution authority. Court hearings in youth cases are typically held at cantonal venues such as Liestal. KESB Basel-Landschaft handles protective measures when a child’s wellbeing is at risk, which can occur alongside or independently of any criminal case. The canton also operates youth police units, school social work services, and victim support services.

Children under 10 are not criminally responsible. From 10 to 17, the focus is on education and support. Sanctions can include a reprimand, community service or personal performance, a fine tailored to the minor’s situation, and educational or therapeutic measures. Custodial sentences exist for older juveniles in serious cases, but the law favors alternatives such as supervision, outpatient treatment, or placement in a suitable residence when needed. Parents are generally involved, and the minor has the right to legal representation and to be heard in an age-appropriate way.

Juvenile records are confidential and are handled differently from adult criminal records. Many juvenile entries are kept for shorter periods and are not shown on the standard private extract that employers commonly request. Certain entries may appear on special purpose extracts, for example for roles involving contact with minors. A lawyer can explain what will appear on each type of extract and when entries can be removed.

Diversion and restorative options exist. The Jugendanwaltschaft can close a case conditionally, order mediation, or require the young person to complete tasks that promote accountability and repair harm, provided public safety and the interests of the victim are respected.

Frequently Asked Questions

What ages does juvenile criminal law cover in Switzerland

Juvenile criminal law applies to young people who were between 10 and 17 years old at the time of the alleged offense. Under 10 there is no criminal responsibility, though KESB can intervene for protection. Once a person turns 18, adult criminal law applies to new conduct.

Will my child get a criminal record

Juvenile decisions can be recorded, but confidentiality rules are strict and retention periods are typically shorter than for adults. Many juvenile entries do not appear on the standard private extract that employers request, though they may be visible to authorities or on special purpose extracts. Ask a lawyer about the specific consequences of a given outcome.

Can the police question a minor without parents present

Police can question a minor, but juvenile procedure provides extra safeguards. The young person must be informed of rights in an age-appropriate way, has the right to remain silent, and can have a parent, guardian, or trusted adult present. In serious cases, a defense lawyer should be present and may be mandatory.

Does my child have to talk to the police

No. Minors have the right to remain silent and to avoid self-incrimination. It is wise to consult a lawyer before any interview. If an interview proceeds, insist on the presence of a responsible adult and, where required or advisable, a defense lawyer.

What penalties can a juvenile face

Possible outcomes include a reprimand, community service or personal performance, a fine adapted to the minor’s means, and educational or therapeutic measures such as supervision, counseling, outpatient treatment, or placement. For older juveniles and serious offenses, custodial sentences exist but are used cautiously and alongside educational goals.

How long can a juvenile be held in custody

Pretrial detention is strictly limited and must be necessary and proportionate. Authorities must consider alternatives such as supervision or placement. If detention is sought, defense counsel is especially important. Time limits and reviews apply, and a court must authorize continued detention.

What is KESB and when does it get involved

KESB is the Child and Adult Protection Authority. It acts when a child’s wellbeing is at risk, for example due to neglect, conflict, mental health needs, or schooling issues. KESB measures can run alongside or separate from criminal proceedings and may include support services, supervision, or in serious cases a placement.

Can a victim withdraw a complaint in juvenile cases

For complaint offenses, a victim may withdraw a complaint, which can lead to closure. For serious offenses prosecuted ex officio, authorities proceed regardless. Even when a case continues, restorative steps such as mediation, apology, or reparation can influence the outcome.

Will a juvenile case be public

No. Juvenile proceedings are not public. Hearings are closed, identities are protected, and records are confidential. This protects the minor’s privacy and supports rehabilitation.

Can we get a court-appointed lawyer or legal aid

Yes. If the case is serious or the minor’s interests require it, appointment of defense counsel can be mandatory. If you cannot afford a lawyer, you can request legal aid and a court-appointed lawyer, provided the case has reasonable prospects and you meet financial criteria.

Additional Resources

Jugendanwaltschaft Basel-Landschaft - the cantonal youth prosecution authority handling investigations and charges in juvenile cases, typically seated in Liestal.

KESB Basel-Landschaft - the Child and Adult Protection Authority responsible for child protection measures, with regional offices serving the Arlesheim area.

Kantonsgericht Basel-Landschaft - youth cases may be heard in specialized chambers or courts at the cantonal level.

Jugendpolizei Basel-Landschaft - police units trained to deal with minors and youth matters.

Opferhilfe Basel-Landschaft - victim support services offering counseling, legal advice, and financial assistance to victims, including minors.

Schulsozialarbeit Arlesheim - school social work services that support pupils and families with counseling and conflict resolution.

Kinder- und Jugendpsychiatrischer Dienst Baselland - child and adolescent mental health services that can provide assessments or therapy ordered as measures.

Advokatenkammer Basel-Landschaft - the cantonal bar association, a useful starting point to find a lawyer experienced in juvenile and child protection law.

Gemeindeverwaltung Arlesheim - the municipal administration can direct you to local youth services, school authorities, and social support.

Next Steps

If you or your child has received a police summons or is under investigation, do not ignore it. Contact a lawyer experienced in juvenile law in Basel-Landschaft as soon as possible and ask about attending any interview. Until you have legal advice, your child should not provide a statement beyond confirming identity.

Collect key documents such as the police letter, any school reports, medical or therapy records, apprenticeship agreements, and contact details for potential witnesses. Share these with your lawyer so they can assess the case and propose a strategy focused on education, support, and risk reduction.

If cost is a concern, ask about legal aid and court-appointed counsel. Your lawyer can file the necessary applications. If KESB is involved, attend all meetings, stay cooperative, and bring a trusted person for support. If language is a barrier, request an interpreter early.

If you are a victim or the parent of a victim, contact victim support services for free and confidential advice. They can help with psychological support, financial aid, and asserting your procedural rights.

This guide is general information. For advice tailored to your situation in Arlesheim and the surrounding region, consult a qualified lawyer admitted in Basel-Landschaft who practices juvenile and child protection law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.