When a protective disposition is still running and the case subject is shown to have been above the statutory age when the disposition was made, where must the case go?
General information · Not legal advice
Material to check
In a practice file we read the protective disposition decision for the date it was made and whether it is still running; the identity papers showing the person's age on that date; and the paper showing how the case reached the juvenile department, by prosecutor or police chief transfer, by notification, or by a court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading makes cancellation mandatory: where a protective disposition continues and the case subject is shown to have been above the age the provision fixes when the disposition was made, the juvenile department judge must cancel it by ruling and then route the case, sending it to the prosecutor at the district public prosecution office corresponding to the district court where it came by a prosecutor's or police chief's transfer or by notification, or transferring it back to the court that sent it.
Another reading limits what this provision reaches: it applies only while a disposition is continuing, so a disposition already completed falls outside it, and the provision fixes the age at the time of the disposition rather than at the time of the act, while saying nothing about who may raise the age point or what record suffices to show it.
Your judgment
How can the file show whether the protective disposition was still continuing on the day the person's age was established?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the age it fixes or the destination of a transferred case, or if a court decision states who must prove the person's age at the time of the disposition.