Article 40

1.

2.

a)

No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason of acts or omissions that were not prohibited by national or international law at the time they were committed;

b)

Every child alleged as or accused of having infringed the penal law has at least the following guarantees:

(i)

To be presumed innocent until proven guilty according to law;

(ii)

To be informed promptly and directly of the charges against him or her, and, if appropriate, through his or her parents or legal guardians, and to have legal or other appropriate assistance in the preparation and presentation of his or her defence;

(iii)

To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his of her parents or legal guardians;

(iv)

Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse witnesses and to obtain the participation and examination of witnesses on his or her behalf under conditions of equality;

(v)

If considered to have infringed the penal law, to have this decision and any measures imposed in consequence thereof reviewed by a higher competent, independent and impartial authority or judicial body according to law;

(vi)

To have the free assistance of an interpreter if the child cannot understand or speak the language used;

(vii)

To have his or her privacy fully respected at all stages of the proceedings.

3.

a)

The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

b)

Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4.