Minor who was released due to lack of space now to the closed institution (interior)
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A minor who was released last month by a juvenile judge in Dendermonde due to a lack of space in the closed youth institutions must nevertheless be included in one of the institutions. The Ghent Court of Appeal has decided that.
Source: Belga
Today at 10:38 PM
The Court of Appeal summarizes the case as follows: “On March 27, 2025, threats against an educator of a closed youth institution in Wingene. Then intentional blows and injuries are also caused, resulting in disability. The young Delinquent is subsequently transferred to a Juvenile of the District Court on April 25th. Dendermonde, that further closed guidance is designated. «
The agency growing up, however, does not make an offer, « which in practice means that there is no room for the boy in a community institution, » says the court. « For that reason, the juvenile court decides to dismiss the boy from a further stay in the community institution and forced him to impose a series of conditions. »
The Court of Appeal has followed the first opinion of the juvenile judge to the extent that further closed guidance is necessary to protect society and to prevent new victims from falling. « The Court of Appeal refers, among other things, to the exceptionally serious facts, the lack of cooperation and guilt, the permanent rejection of assistance, psychological or psychiatric guidance, dealing with aggression and the high risk of recidivism. »
The young man was now entrusted to a department within a community institution by the Court of Appeal for a period of three months, with a view to closed guidance. « The mere fact that the agency grew up would not make an offer or that there is no place available, does not form an element that is specific to the file and that can regularly be involved in judgment, » the Court explained. « The actual implementation of measures – in this case, with a view to both the well -being of the person concerned and and especially with a view to the protection of society – is the responsibility of the executive power, and not of the juvenile judge. »
