When a child breaks the law, except in cases where he/she is a repeat offender, such a child is not to be detained during trial. This is according to article 60 of N°54/2011 of 14/12/2011 the law relating to the rights and the protection of the child.

However, the exception is made for children whose crimes are punishable with a term of imprisonment of more than five years. In this case, the detention is no more than fifteen days. If it is decided that the child offender should be incarcerated for more than fifteen days, article 60 of N°54/2011 of 14/12/2011 statuses strict monitoring measures within the child’s home.

If the law prescribes detention for a child who has committed crime, he/she like any other person who has committed crime, can only be confined in a place that has been approved by a relevant authority. Anything contrary is, according to article 90 of Nº 30/2013 of 24/5/2013 the law relating to the code of criminal procedure, illegal detention.

Another aspect of illegal detention is holding a person in custody in excess of the time specified in the arrest statement and provisional detention warrants. In this regard, it is illegal to detain a child offender for more than fifteen days during trial.

Furthermore, article 90 of the law relating to the code of criminal procedure says, "retaining a person under custody while there is an order invalidating or rejecting extension of provisional detention or granting provisional release” also counts as illegal detention. It is similarly illegal to keep a person in custody if the court has decided to acquit them of the charges.

The circumstances under which a child or any other kind of suspect may be provisionally detained, are provided for by article 98 of Nº 30/2013 of 24/5/2013 the law relating to the code of criminal procedure.

One reason for detaining a suspect is if there is reason to believe that he/she may evade justice. For example, if it suspected that upon release, the suspect may flee the country, then he/she may be detained during trial.

A suspect may also be detained if his/her identity is unknown or doubtful. Because sometimes people impersonate others or lie about their identity when in conflict with the law, a person who is suspected of crime may remain detained while his/her identity is verified.

Other reasons for detaining a suspect include; public safety, preventing the suspect from disposing of evidence, protecting the suspect, and preventing him/her from committing more crime.