Who may ask the court to cancel a protective disposition once the perpetrator has failed to carry it out, and where does the case go next?
General information · Not legal advice
Material to check
For this exercise we read the protective disposition decision to see which item of the listed dispositions it imposed, the record of implementation or enforcement showing what was not carried out, and any request by one of the actors the provision names.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the trigger as failure to carry out the disposition itself: once a perpetrator given a protective disposition has not implemented, or does not follow the enforcement of, a disposition falling in items four through eight, the court must cancel that disposition by decision, either on its own motion or on an application by any actor the provision lists, including the prosecutor, the victim child, the child's legal representative and a lawyer.
A second reading turns on the item numbering: the duty reaches only dispositions made under items four through eight, so a file that does not show which item was imposed cannot establish the trigger, and the provision fixes only where the case then goes, to the prosecutor of the local public prosecution office corresponding to the competent court or back to the transferring court.
Your judgment
If the file shows non-compliance but not which item of the disposition was imposed, what would establish that this cancellation power reaches the case?
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 extend the cancellation to other dispositions or to change the list of applicants, or if a court decision explains what counts as not following the enforcement of a disposition.