Age of criminal responsibility
Template:Pp-semi-indef Template:Short description
Script error: No such module "Sidebar". Template:Youth rights sidebar Template:Sidebar with collapsible lists The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.[1]
Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax.[2] A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and that it was wrong. In fact, capacity was a necessary element of the state's case (thus, the rule of sevens doctrine arose). If the state failed to offer sufficient evidence of capacity, the infant was entitled to have the charges dismissed at the close of the state's evidence. Doli incapax was abolished in England and Wales in 1998 for children over the age of 10,[3][4] but persists in other common law jurisdictions.
Terminology
The terminology regarding such a defense varies by jurisdiction and sphere. "Defense of infancy" is a mainly US term.[5] The "age of criminal responsibility" is used by most European countries, the UK,[6] Australia, New Zealand[7] and other Commonwealth of Nations countries.[8] Other instances of usage have included the terms age of accountability,[9] age of responsibility,[10] and age of liability.[11]
The term minimum age of criminal responsibility (MACR) is a term commonly used in the literature.[12][7]
The rationale behind the age of accountability laws are the same as those behind the insanity defense, insinuating both the mentally disabled and the young lack apprehension.[13]
The age of criminal responsibility
Template:Also Governments enact laws to label certain types of activity as wrongful or illegal. Behavior of a more antisocial nature can be stigmatized in a more positive way to show society's disapproval through the use of the word criminal. In this context, laws tend to use the phrase, "age of criminal responsibility" in two different ways:[14]
- As a definition of the process for dealing with an alleged offender, the range of ages specifies the exemption of a child from the adult system of prosecution and punishment. Most jurisdictions develop special juvenile justice systems in parallel to the adult criminal justice system. Here, the hearings are essentially welfare-based and deal with children as in need of compulsory measures of treatment and/or care. Children are diverted into this system when they have committed what would have been an offense as an adult.
- As the physical capacity of a child to commit a crime. Hence, children are deemed incapable of committing some sexual or other acts requiring abilities of a more mature quality.
Discussion
Script error: No such module "Labelled list hatnote". This is an aspect of the public policy of parens patriae. In the criminal law, each state will consider the nature of its own society and the available evidence of the age at which antisocial behaviors begins to manifest itself. Some societies will have qualities of indulgence toward the young and inexperienced, and will not wish them to be exposed to the criminal law system before all other avenues of response have been exhausted. Hence, some states have a policy of doli incapax (i.e. incapable of wrong) and exclude liability for all acts and omissions that would otherwise have been criminal after reaching a specified age.[15] Hence, no matter what the child may have done, there cannot be a criminal prosecution. However, although no criminal liability is inferred, other aspects of law may be applied. For example, in Nordic countries, an offense by a person under 15 years of age is considered mostly a symptom of problems in child's development. This will cause the social authorities to take appropriate administrative measures to secure the development of the child. Such measures may range from counseling to placement at a special care unit. Being non-judicial, the measures are not dependent on the severity of the offense committed but on the overall circumstances of the child.[14]
The policy of treating minors as incapable of committing crimes does not necessarily reflect modern sensibilities. Thus, if the rationale of the excuse is that children below a certain age lack the capacity to form the mens rea of an offense, this may no longer be a sustainable argument. Indeed, given the different speeds at which people may develop both physically and intellectually, any form of explicit age limit may be arbitrary and irrational. Yet, the sense that children do not deserve to be exposed to criminal punishment in the same way as adults remains strong. Children have not had experience of life, nor do they have the same mental and intellectual capacities as adults. Hence, it might be considered unfair to treat young children in the same way as adults.[14]
In Scotland, the age of criminal responsibility was raised from 8 to 12 by the implementation of the Age of Criminal Responsibility (Scotland) Act 2019,[16] which came into force on 31 March 2020.[17][18] In England and Wales and Northern Ireland, the age of responsibility is 10 years, and in the Netherlands and Canada the age of responsibility is 12 years. Sweden, Finland, and Norway all set the age at 15 years. In the United States, the minimum age for federal crimes is 11 years. State minimums vary, with 24 states having no defined minimum age, and defined minimums ranging from 7 years in Florida to 13 years in Maryland and New Hampshire.[19]
As the treaty parties of the Rome Statute of the International Criminal Court could not agree on a minimum age for criminal responsibility, they chose to solve the question procedurally and excluded the jurisdiction of the Court for persons under eighteen years.Script error: No such module "Unsubst".
Some jurisdictions do not have a set fixed minimum age, but leave discretion to prosecutors to argue or the judges to rule on whether the child or adolescent ("juvenile") defendant understood that what was being done was wrong. If the defendant did not understand the difference between right and wrong, it may not be considered appropriate to treat such a person as culpable. Alternatively, the lack of real fault in the offender can be recognized by rulings that avoid criminal sentences and/or address more practical matters of parental responsibility by adjusting the rights of parents to unsupervised custody, or by separate criminal proceedings against the parents for breach of their duties as parents.Script error: No such module "Unsubst".
By country
The following are the minimum ages at which people may be charged with a criminal offence in each country:
| Country | Template:Longitem | Template:Longitem | Ref | Notes |
|---|---|---|---|---|
| Template:Country data Afghanistan | 12 | [20] | Minimum age of criminal responsibility is 12. Children aged 7–12 can be subject to warnings, supervision by social services, or confinement to a rehabilitation centre. | |
| Template:Country data Albania | 14 | 16 | [21] | Article 1 of the Code distinguishes between offences and contraventions. Article 12 mandates that the latter (which are less serious) have a higher age limit of 16. |
| Template:Country data Algeria | 13 | 18 | [22] | |
| Template:Country data Andorra | 12 | 18/21 | [23] | |
| Template:Country data Angola | 14 | [24] | Minimum and maximum sentences are reduced by two thirds between 14 and 16, and half between 16 and 18. The needs of rehabilitation and social reintegration are also to be taken into account for minors. | |
| Template:Country data Antigua and Barbuda | 8 | 16 | [25] | According to Articles 1 and 3 of the Juvenile Act, Courts must have regard to the welfare of those under 16. |
| Template:Country data Argentina | 16 | 18 | [26][27] | |
| Template:Country data Armenia | 14 | [28] | ||
| Template:Country data Australia | 10/14 | 18/21 | [29] | Age of criminal responsibility in Australia. Review under way since 2019.[30] Rebuttable presumption of incapacity until age 14.[29][31] Juvenile offenders aged 14–17 are always held criminally responsible, but they are always tried as young/juvenile offenders, meaning generally more lenient sentences compared to adults. Also, juvenile offenders' photos and names usually cannot be released by the media, and access to the juvenile court list/courtroom is restricted to authorized people only. Nevertheless, juvenile offenders convicted still obtain a permanent (but usually sealable or annuable) criminal record as if they were adults (hence the criminal responsibility), but with generally reduced waiting times and often more lenient standards for convictions to become 'spent' or 'annulled' depending on Commonwealth, State, or Territory legislation applicable. Full adult criminal responsibility in terms of sentencing and conviction annullement eligibility at age 18 (21 in Victoria). |
| Template:Country data Austria | 14 | 18/21 | [32] | |
| Template:Country data Azerbaijan | 14 | 16 | [33] | |
| Template:Country data Bahrain | 15 | [34] | ||
| Template:Country data Bangladesh | 9 | [35] | ||
| Template:Country data Belarus | 14 | 16 | [36] | 16 is the standard age of criminal liability in Belarus. Minors between 14 and 16 years old are responsible only for certain severe crimes, according to article 27 of the Belarusian Criminal Code. |
| Template:Country data Belgium | 12 | [37] | ||
| Template:Country data Belize | 7 | [38] | ||
| Template:Country data Benin | 13 | [39] | ||
| Template:Country data Bhutan | 10 | [35] | ||
| Template:Country data Bolivia | 14 | [40][41] | Lowered in July 2014 from 16 to 14. | |
| Template:Country data Bosnia and Herzegovina | 14 | Script error: No such module "Unsubst". | ||
| Template:Country data Botswana | 8 | [42] | ||
| Template:Country data Brazil | 12 | 18 | [43][44][45][46] | Full criminal responsibility from age 18, with a juvenile judiciary system for offenders aged between 12 and 18 who can be sentenced to a maximum of 3 years of imprisonment in separate juvenile jails. |
| Template:Country data Brunei | 7 | [47] | ||
| Template:Country data Bulgaria | 14 | [48] | The maximum sentence that can be imposed on juvenile offenders can be no more than 12 years of imprisonment if the offenders are between 16 and 18 and no more than 10 years if they are between 14 and 16. Juvenile offenders serve their sentences in separate prisons up to the age of 18. | |
| Template:Country data Burkina Faso | 13 | [49] | ||
| Template:Country data Burundi | 15 | Script error: No such module "Unsubst". | ||
| Template:Country data Cambodia | 14 | [35] | ||
| Template:Country data Cameroon | 10 | [50] | ||
| Template:Country data Canada | 12 | 14 | [51] | Children aged 12 or 13 can be sentenced to no more than 10 years of imprisonment, and children aged 14-17 can be sentenced to life imprisonment |
| Template:Country data Cape Verde | 16 | Script error: No such module "Unsubst". | ||
| Template:Country data Central African Republic | 14 | [50] | ||
| Template:Country data Chad | 13 | [50] | ||
| Template:Country data Chile | 14 | 16 | [52][53] | |
| Template:Country data China | 12 | 16 | [35][54] | Since 1 March 2021, children between 12 and 14 can be held criminally responsible for intentional homicide or injury leading to death or severe disability committed with extreme cruelty subject to approval by the Supreme People's Procuratorate. <templatestyles src="Template:Hidden begin/styles.css"/> Notes
14 is the absolute minimum for acts that constitute the following crimes: homicide, wounding resulting in death, rape, robbery, arson, explosion, planting of toxic substances, and trafficking in dangerous drugs. The minimum age for other crimes are 16. In Hong Kong, the minimum age is 10[55] and in Macau, 16. |
| Template:Country data Colombia | 14 | 18 | [45] | |
| Template:Country data Comoros | 13/14-15 | [50] | Depends whether Sharia Law or the Penal Code is applied. | |
| Template:Country data Costa Rica | 12 | [56] | Even though legal procedures and punishment are different for offenders who are under 18, all offenders who are 12 or older may be sentenced to as much as 15 years of incarceration. | |
| Template:Country data Cote d'Ivoire | 10 | Script error: No such module "Unsubst". | ||
| Template:Country data Croatia | 14 | 18 | [57] | |
| Template:Country data Cuba | 16 | 18/21 | [58] | |
| Template:Country data Cyprus | 14 | Script error: No such module "Unsubst". | ||
| Template:Country data Czech Republic | 15 | 18 | [59] | |
| Template:Country data Denmark (including Faroe Islands)[60] | 15 | 18 | [37] | |
| Template:Country data Democratic Republic of the Congo | 14 | 16 | [61] | |
| Template:Country data Djibouti | 13 | [50] | ||
| Template:Country data Ecuador | 12 | 18 | [62] | |
| Template:Country data El Salvador | 12 | 18 | Script error: No such module "Unsubst". | |
| Template:Country data Egypt | 12 | [50] | ||
| Template:Country data Equatorial Guinea | 16 | Script error: No such module "Unsubst". | ||
| Template:Country data Eritrea | 12 | [50] | ||
| Template:Country data Estonia | 14 | 18/21 | [37] | |
| Template:Country data Eswatini | 7 | 14 | [50] | |
| Template:Country data Ethiopia | 9 | [50] | ||
| Template:Country data Fiji | 10 | Script error: No such module "Unsubst". | ||
| Template:Country data Finland | 15 | 18 | [63] | |
| Template:Country data France | 13 | 18 | [37] | |
| Template:Country data Gabon | 13 | [50] | ||
| Template:Country data Gambia | 12 | Script error: No such module "Unsubst". | ||
| Template:Country data Georgia | 14 | [64] | Section 33 of Criminal code of Georgia defines that minors between 14 and 17 can be charged with criminal responsibility by juvenile justice. | |
| Template:Country data Germany | 14 | 18/21 | [65] | Minors between 14 and 17 are sentenced by juvenile justice. A young adult between 18 and 21 years may still be sentenced by juvenile justice if considered mentally immature. |
| Template:Country data Ghana | 12 | Script error: No such module "Unsubst". | ||
| Template:Country data Greece | 15 | 18/21 | Script error: No such module "Unsubst". | |
| Template:Country data Guinea | 10 | Script error: No such module "Unsubst". | ||
| Template:Country data Guinea Bissau | 16 | Script error: No such module "Unsubst". | ||
| Template:Country data Hong Kong | 10 | [55] | ||
| Template:Country data Hungary | 12 | 18 | [66] | 12 only for premeditated homicide, voluntary manslaughter and bodily harm leading to death or resulting in life-threatening injuries; 14 for other crimes; Full criminal responsibility from age 18.[66] |
| Template:Country data Iceland | 15 | 18 | [37] | |
| Template:Country data India | 7 | 12 | [35] | Rebuttable presumption of incapacity until age 12. Minors could be detained for up to a maximum of 3 years, but in 2015, this maximum was raised to 7 years and minors aged between 16 and 18 can be tried as adults for heinous offences such as murder, rape, etc. They cannot, however, be sentenced to death or life imprisonment. |
| Template:Country data Indonesia | 12 | 18 | [67] | |
| Template:Country data Iran | 9 (girls), 15 (boys) | [68][69] | ||
| Template:Country data Iraq | 9 | [35] | ||
| Template:Country data Ireland | 10 | 12 | [70] | Exception for children aged 10 or 11, who can be charged with murder, manslaughter, rape, or aggravated sexual assault. |
| Template:Country data Israel | 12 | [35] | ||
| Template:Country data Italy | 14 | [37] | Juvenile judiciary system for offenders aged between 14 and 18; separate juvenile halls. | |
| Template:Country data Japan | 14 | [35] | Juvenile Training Schooling for offenders aged between 11 and 14. | |
| Template:Country data Jordan | 12 | [71] | ||
| Template:Country data Kazakhstan | 14 | 16 | [72] | |
| Template:Country data Kenya | 8 | [50] | ||
| Template:Country data Kosovo | 14 | 18/21 | [73] | |
| Template:Country data Kuwait | 7 | [35] | ||
| Template:Country data Kyrgyzstan | 14 | 18 | [74] | |
| Template:Country data Laos | 15 | Script error: No such module "Unsubst". | ||
| Template:Country data Latvia | 14 | 18 | Script error: No such module "Unsubst". | |
| Template:Country data Lebanon | 7 | [75] | ||
| Template:Country data Lesotho | 10 | [50] | ||
| Template:Country data Liberia | 7 | [50] | ||
| Template:Country data Libya | 14 | 18 | [76] | |
| Template:Country data Liechtenstein | 14 | 18/21 | Script error: No such module "Unsubst". | |
| Template:Country data Lithuania | 14 | 16 | Script error: No such module "Unsubst". | |
| Template:Country data Luxembourg | 15 | [77] | ||
| Template:Country data Madagascar | 13 | [50] | ||
| Template:Country data Malawi | 7 | [50] | ||
| Template:Country data Malaysia | 10 | [78][79] | <templatestyles src="Template:Hidden begin/styles.css"/> Notes Malaysia has a dual system of secular and Islamic law, which has resulted in a number of different minimum ages of responsibility depending on which branch of the law is applicable.
| |
| Template:Country data Maldives | 15 | 18 | [80] | Sharia law allows pubescent minors below 15 to be held responsible for certain severe crimes, as well as minors 15 and above without a rebuttal of presumption of incapacity. |
| Template:Country data Mali | 13 | [50] | ||
| Template:Country data Mauritania | 7 | Script error: No such module "Unsubst". | ||
| Template:Country data Mauritius | 0 | 14 | [50] | There is no minimum age for criminal responsibility. Children below age 14 can only face incarceration if they are proven to have enough discernment between right and wrong. |
| Template:Country data Mexico | 12 | 16 | [81] | Incarceration starting at age 14. Other measures applied for ages 12–13. |
| Template:Country data Moldova | 14 | 16/21 | Script error: No such module "Unsubst". | |
| Template:Country data Mongolia | 14 | 16 | [82] | Children between 14 and 16 years old responsible only for certain severe crimes. |
| Template:Country data Montenegro | 14 | Script error: No such module "Unsubst". | ||
| Template:Country data Morocco | 12 | [50] | ||
| Template:Country data Mozambique | 16 | Script error: No such module "Unsubst". | ||
| Template:Country data Myanmar | 7 | 12 | [35] | |
| Template:Country data Namibia | 7 | 12 | [50] | |
| Template:Country data Nepal | 10 | [35] | ||
| Template:Country data Netherlands | 12/16-21 | 16-21/22 | [37][83] | From age 16, persons may be tried as adults or as children ("jeugdstrafrecht"). The maximum age for a person to be tried as a minor is 21. |
| Template:Country data New Zealand | 10 | 14 | [84][85][86] | Rebuttable presumption of incapacity until age 14. Children aged 10 and 11 can only be convicted of murder or manslaughter; children aged 12 and 13 can only be convicted of crimes with a maximum imprisonment of at least 14 years, but this may be increased circumstantially. See Youth justice in New Zealand. |
| Template:Country data Nicaragua | 13 | Script error: No such module "Unsubst". | ||
| Template:Country data Niger | 13 | [50] | ||
| Template:Country data Nigeria | 7 | [50] | ||
| Template:Country data North Korea | 14 | [35] | ||
| Template:Country data North Macedonia | 16 | 18 | Script error: No such module "Unsubst". | Persons aged 14 to 16 years at the time they committed an offence, known as "younger juveniles" within the Criminal Code, can only be sentenced to educational measures |
| Template:Country data Norway | 15 | 18 | [87] | |
| Template:Country data Oman | 9 | [35] | ||
| Template:Country data Pakistan | 7 | 12 | [35] | There is a rebuttable presumption that a child aged between 7 and 12 years old is incapable of committing a crime. |
| Template:Country data Palau | 10 | Script error: No such module "Unsubst". | ||
| Template:Country data Papua New Guinea | 7 | [88] | ||
| Template:Country data Panama | 12 | Script error: No such module "Unsubst". | Lowered in 2010 from 14 to 12. | |
| Template:Country data Paraguay | 14 | [89] | Minor offenders can be sentenced to a maximum of 8 years of imprisonment. | |
| Template:Country data Peru | 14 | 18 | [45] | <templatestyles src="Template:Hidden begin/styles.css"/> Notes
18 is the standard age of criminal liability in Peru. However, minors from 16–17 years old at the moment of the crime may be subject to 6 to 10 years in prison in case of homicide, femicide, extortion, vandalism, rape or being member of a criminal gang. Minors from 14–15 years at the moment of any of those same crimes may be subject to 4 to 8 years in prison. |
| Template:Country data Philippines | 15 | 18 | [90][91][92] | On 28 January 2019, the House of Representatives passed a bill proposing to lower the minimum age of criminal responsibility from 15 years to 12 years with a vote of 146–34.[93] Template:As of, some child rights advocates were opposing this and other related bills in favor of a less fragmented approach addressing children's issues.[94] |
| Template:Country data Poland | 13 | 17 | [95] | <templatestyles src="Template:Hidden begin/styles.css"/> Notes
17 is the standard age of criminal liability in Poland. Minors from the age of 15 can be tried as adults in relation to especially heinous crimes such as treason, assassination of Polish President, murder, homicide, serious bodily harm, causing a catastrophe, assault of a public servant, hostage-taking, rape and robbery, when "the circumstances of the case and the mental state of development of the perpetrator, his characteristics and personal situation warrant it, and especially when previously applied educational, therapeutic or corrective measures have proved ineffective". On the other hand, the Court may choose to apply juvenile measures for perpetrators above the age of 17 but below the age of 18, if "the circumstances of the case and the mental state of development of the perpetrator, his characteristics and personal situation warrant it". Juvenile correctional proceedings liability age is 13. Juvenile educational and therapeutic proceedings liability applies to all persons under the age of 18 (including persons below 13 years of age).[96] The maximum possible sentence that can be imposed on offenders taking criminal liability under 18 years of age is 25 years' imprisonment. |
| Template:Country data Portugal | 16 | 18/21 | [97] | |
| Template:Country data Qatar | 7 | [35] | ||
| Template:Country data Romania | 16 | 18 | [37] | A child aged 14 to 16 can only be held criminally liable where it can be proved that he or she had "discernment"<templatestyles src="Template:Hidden begin/styles.css"/> Notes For offences for which an adult would be sentenced to life imprisonment, a person between the ages of 14 and 18 would be sentenced to no more than 15 years of "strict imprisonment" For offences for which an adult would be sentenced to "severe detention" a person between the ages of 14 and 18 would be sentenced to no more than 12 years of "strict imprisonment" |
| Template:Country data Russia | 14 | 16 | [98] | <templatestyles src="Template:Hidden begin/styles.css"/> Notes
16 by default, 14 years specifically for crimes as listed in Section 20 of the Criminal code, like murder, rape, robbery, extortion, kidnapping, motor vehicle theft, terror attack, stealing restricted substances like explosives or narcotics, aggravated anti-social behaviour, vandalism, false report of a terror attack. |
| Template:Country data Rwanda | 14 | Script error: No such module "Unsubst". | ||
| Template:Country data San Marino | 14 | 18/21 | [99][100] | |
| Template:Country data São Tomé and Príncipe | 16 | Script error: No such module "Unsubst". | ||
| Template:Country data Saudi Arabia | 12 | [35] | ||
| Template:Country data Senegal | 13 | Script error: No such module "Unsubst". | ||
| Template:Country data Serbia | 14 | 18 | [101] | Persons aged 14 or 15 ("younger juveniles") can only be sentenced to educational measures |
| Template:Country data Seychelles | 7 | [50] | ||
| Template:Country data Sierra Leone | 14 | Script error: No such module "Unsubst". | ||
| Template:Country data Singapore | 10 | [102][103] | The Penal Code Review Committee proposed to increase the age to 10. Offenders between 16 and 21 are classed as Young Adults and may be considered for reformative training. | |
| Template:Country data Slovakia | 14 | Script error: No such module "Unsubst". | ||
| Template:Country data Slovenia | 14 | 18/21 | [37] | |
| Template:Country data Solomon Islands | 8 | Script error: No such module "Unsubst". | ||
| Template:Country data Somalia | 14/15 | [50] | 15 in Somaliland, 14 in the rest of the country. | |
| Template:Country data South Africa | 12 | 14 | [104][105] | The age of criminal capacity was raised to 12 by the Child Justice Amendment Act, 2019. There is a rebuttable presumption that a child between the ages of 12 and 14 lacks criminal capacity. |
| Template:Country data South Korea | 12 | 14 | [35] | |
| Template:Country data South Sudan | 12 | [50] | ||
| Template:Country data Spain | 14 | 18 | [106][107][108] | <templatestyles src="Template:Hidden begin/styles.css"/> Notes A person under the age of 18 can be sentenced to closed detention for a single offence if: (i) the facts establish that the person has committed a felony under the Penal Code or special penal laws; (ii) the relevant crime was classified as a misdemeanour, but involved violence or intimidation against persons or has generated serious risk to life or physical safety; or (iii) the acts are classified as crimes committed in groups, organisations or associations Persons aged 14 or 15 may be sentenced to a maximum of three years detention and persons aged 16 or 17 may not be sentenced to more than six years detention. |
| Template:Country data Sri Lanka | 12 | 14 | [35] | Rebuttable presumption of incapacity until age 14. |
| Template:Country data Sudan | 12 | 18 | [109] | |
| Template:Country data Sweden | 15 | 18 | [37] | Previously the full age was 21, was reduced down to 18 in 2021.[110] |
| Template:Country data Switzerland | 10 | 18 | [37] | Children aged 15 years at the time an offence was committed cannot be sentenced to more than one year of detention<templatestyles src="Template:Hidden begin/styles.css"/> Notes A child aged 16 or over when an offence was committed may not be sentenced to more than four years in detention, and only where: (i) he or she committed an offence for which an adult could be sentenced to detention of more than three months; or (ii) he or she has committed an offence under Article 122 of the Criminal Code, related to intentionally inflicting a life-threatening injury; or (iii) he or she commits robbery as a member of a group formed for the purposes of carrying out repeated robberies or thefts under Article 140(3) of the Criminal Code; or (iv) the behaviour of the offender is such as to show particular ruthlessness or the behaviour or purpose of the act reveal a highly reprehensible state of mind |
| Template:Country data Syria | 10 | [35] | ||
| Template:Country data Taiwan | 12/14 | 18 | [111][112] | Minors between 12 and 14 cannot be trialed in criminal court, but could still be sentenced to juvenile probation or sent to correctional schools. Minors between 14 and 18 are subject to Criminal Code but qualify for reduction of sentence. Finally, the death penalty and life imprisonment cannot be sentenced to minor offenders. |
| Template:Country data Tajikistan | 14 | 16 | [113] | |
| Template:Country data Tanzania | 7 | [50] | ||
| Template:Country data Thailand | 7 | 14 | [35] | |
| Template:Country data Timor-Leste | 16 | [35] | ||
| Template:Country data Togo | 14 | [50] | ||
| Template:Country data Turkey | 12 | 18 | [114] | |
| Template:Country data Turkmenistan | 14 | 16 | [35] | |
| Template:Country data Tunisia | 13 | Script error: No such module "Unsubst". | ||
| Template:Country data Uganda | 12 | [50] | ||
| Template:Country data Ukraine | 14 | 16 | [37] | |
| Template:Country data United Arab Emirates | 7 | [35] | ||
| Template:Country data United Kingdom | 10/12 | 12/15 | [115][116][117][16][17][18] |
10 in England, Wales, and Northern Ireland. Usually persons aged 10–11 will only be imprisoned in very serious cases, such as murder. Even more so the outcome for youth (12–17) criminal proceedings are usually age categorised (currently it will depend on whether the offender is under 12, under 14, under 16 or under 18, with the older the offender the more severity of punishment, especially for serious crimes). 12 in Scotland. Children under 12 cannot be convicted or get a criminal record; from 12 to 15, decision usually made by the Children's Reporter whether to refer to a children's hearing, which can lead to a criminal record, but could be prosecuted for a criminal offence if the offence is serious. |
| Template:Country data United States | varies by state[118] | varies by state[118] | [119] | At the federal level, the minimum age of juvenile delinquency is 11 years, while 24 states have no minimum age of delinquency. The standards for transferal of juveniles to adult courts varies by state and may combine statutory limits with prosecutorial and judicial discretion.[120][19] |
| Template:Country data Uruguay | 13 | 18 | [121] | |
| Template:Country data Uzbekistan | 13 | 16 | [35] | "Persons can be held criminally responsible for all offences committed after they have reached the age of 16, and for intentional killing from the age of 13, and for other specifically named offences from the age of 14. [Criminal Code, Article 17]" |
| Template:Country data Vanuatu | 10 | Script error: No such module "Unsubst". | ||
| Template:Country data Venezuela | 14 | [122] | ||
| Template:Country data Vietnam | 14 | 16 | [35] | |
| Template:Country data Yemen | 7 | [35] | ||
| Template:Country data Zambia | 8 | 12 | [50] | |
| Template:Country data Zimbabwe | 7 | 14 | [50] |
Juvenile courts
In some countries, a juvenile court is a court of special jurisdiction charged with adjudicating cases involving crimes committed by those who have not yet reached a specific age. If convicted in a juvenile court, the offender is found "responsible" for their actions as opposed to "guilty" of a criminal offense. Sometimes, in some jurisdictions (such as the United States of America), a minor may be tried as an adult.
See also
Notes
Footnotes
References
Further reading
- Maher, Gerry. Age and Criminal Responsibility. 2005 Vol 2. Ohio State Journal of Criminal Law. 493 Wayback Machine
- CRC Country Reports (1992–1996); Juvenile Justice and Juvenile Delinquency in Central and Eastern Europe, 1995; United Nations, Implementation of UN Mandates on Juvenile Justice in ESCAP, 1994; Geert Cappelaere, Children's Rights Centre, University of Gent, Belgium.
Template:Law country lists Template:Youth empowerment Template:Authority control
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Stattin, Hekan, and David Magnusson. "Stability and change in criminal behaviour up to age 30." British Journal of Criminology 31.4 (1991): 327-346.
- ↑ a b Script error: No such module "citation/CS1".
- ↑ Script error: No such module "Citation/CS1".
- ↑ Ranson, Stewart. "Public accountability in the age of neo-liberal governance." J. Education Policy 18.5 (2003): 459-480.
- ↑ Platt, Anthony, and Bernard L. Diamond. "The origins of the right and wrong test of criminal responsibility and its subsequent development in the United States: An historical survey." Cal. L. Rev. 54 (1966): 1227.
- ↑ Ferreira, Nuno. "Putting the age of criminal and tort liability into context: A dialogue between law and psychology." The International Journal of Children's Rights 16.1 (2008): 29-54.
- ↑ Script error: No such module "Citation/CS1".
- ↑ Roberts, Caton F., Stephen L. Golding, and Frank D. Fincham. "Implicit theories of criminal responsibility: Decision making and the insanity defense." Law and Human Behavior 11.3 (1987): 207.
- ↑ a b c Script error: No such module "citation/CS1".
- ↑ Script error: No such module "Citation/CS1".
- ↑ a b Script error: No such module "citation/CS1".
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- ↑ a b Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
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- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1". PDF Template:Webarchive
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b c d e f g h i j k l m n o p q r s t u v w x y z Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b c d e f g h i j k l Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Federal Constitution (in Portuguese) Template:Webarchive, Article 228. Retrieved 2 January 2011.
- ↑ Estatuto da Criança e do Adolescente (pt) Template:Webarchive, Seção V. Retrieved 2 May 2013
- ↑ a b c Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac Script error: No such module "citation/CS1".
- ↑ Criminal Code, RSC 1985, c C-46, s. 13; may receive reduced sentencing under the Youth Criminal Justice Act until age 18.
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b Section 3 of the Juvenile Offenders Ordinance 2003 (Chapter 226, Laws of Hong Kong)
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Faroese Criminal Code Template:Webarchive (2020), § 15
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Penal Code Template:Webarchive 3:1 § (39/1889, as changed by 515/2003). Retrieved 31 October 2007.
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Penal Code of the Republic of Kazakhstan Template:Webarchive (2014), Art. 15
- ↑ Script error: No such module "citation/CS1".
- ↑ CRIMINAL CODE OF THE KYRGYZ REPUBLIC Template:Webarchive (2006), Art. 18
- ↑ Script error: No such module "citation/CS1".
- ↑ Penal Code of Libya Template:Webarchive (2014), Art. 80/81
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Penal Code Template:Webarchive Almindelig borgerlig Straffelov (Straffeloven) § 46 (changed of law 12 June 1987 nr. 51). Retrieved 19/7 – 2007.
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1". (effective 15 April 2002)
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Sanmarinese Penal Code Template:Webarchive (2019), Art. 10 par. 1
- ↑ Sanmarinese Penal Code Template:Webarchive (2019), Art. 10 par. 2, 3
- ↑ Script error: No such module "citation/CS1".
- ↑ Template:Singapore legislation, section 82
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Template:Cite act
- ↑ Spanish Penal Code Template:Webarchive (2019), Art. 19
- ↑ Spanish Regulation Law on the Penal Responsibility of Minors Template:Webarchive (2012), Art. 1 par. 1
- ↑ Spanish Penal Code Template:Webarchive (2019), Art. 69
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Article 18, Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ CRIMINAL CODE OF THE REPUBLIC OF TAJIKISTAN Template:Webarchive (2006), Art. 23
- ↑ Script error: No such module "citation/CS1".
- ↑ The Children and Young Persons Act 1933 (23 & 24 Geo.5 c.12), section 50; as amended by The Children and Young Persons Act 1963 (c.37), section 16(1) [1] Template:Webarchive
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ a b Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".