Criminal law in Luxembourg

Luxembourg has one national criminal justice system, administered through the judicial districts of Luxembourg and Diekirch. The Code pénal defines offences and sanctions. The Code d'instruction criminelle governs criminal investigations and proceedings. The principle of legality means that a person can be punished only for conduct that was already prohibited by law when it occurred. A crime carries a criminal penalty, a délit carries a correctional penalty and a contravention carries a police penalty. Attempting a crime is punishable. Attempting a délit is punishable only where the law expressly provides for it. A legal person can incur criminal responsibility for a crime or délit committed in its name or interest, while the individuals who acted or participated can remain personally responsible. The Ministère public, commonly called the Parquet, directs public prosecution and can coordinate urgent action at any time. The Police grand-ducale establishes facts, identifies suspects, secures evidence, makes arrests and executes judicial orders. The Service de police judiciaire, including specialised DCPJ units, handles serious or complex cases such as organised crime, financial crime, sexual offences and cybercrime. A complaint can be filed with the police or the Parquet. A juge d'instruction can conduct a formal investigation called instruction préparatoire; it is required for crimes and may be used for délits. A victim can also file a plainte avec constitution de partie civile before the investigating judge, although a court-ordered deposit may be required. Contraventions are generally heard by the Tribunal de police. Délits are normally heard by the chambre correctionnelle, which can impose imprisonment commonly ranging from 8 days to 5 years, a fine of at least EUR 251 and additional measures. Crimes are heard by the chambre criminelle and can lead to life imprisonment or a fixed prison term of at least 5 years. Confiscation, driving bans, professional or business restrictions and other rights restrictions may accompany a sentence. In suitable cases, the court can apply a suspended sentence, community service, electronic monitoring or another execution measure. A judgment given in default can generally be challenged by opposition within 15 days. An ordinary appeal in a correctional case normally has a 40-day period. A criminal cassation appeal is an exceptional legal review with a one-month period. The exact calculation depends on how and when the decision was served. Victims can report an offence, receive information in a language they understand, obtain interpretation or translation, seek legal assistance and claim damages as a partie civile. The Service d'aide aux victimes can provide support, and the Ministry of Justice may compensate a victim under statutory conditions when the offender cannot pay. Restorative justice can be offered before, during or after proceedings but does not replace criminal prosecution. The youth justice system primarily uses protection and educational measures under the amended law of 10 August 1992. Measures can include a reprimand, educational assistance, unpaid community work, supervised family placement or placement in a specialised centre. A youth criminal record is not treated like an ordinary adult criminal record. Road offences include alcohol-impaired driving, refusal of testing, dangerous speeding and use of a mobile device while driving. The general alcohol limit is 0.25 mg per litre of breath, while special groups have a 0.1 mg limit. From 0.55 mg per litre, the law provides for a EUR 500 to EUR 10,000 fine, six points, immediate withdrawal of the driving licence and possible imprisonment from 8 days to 3 years. Fraudulent system access, phishing, ransomware, identity offences and payment-instrument offences fall within the digital-crime framework and may be investigated by specialised cybercrime units.