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You are here: Home > Forum > A Place of Safety > General Talk > More on age of criminal responsibility
More on age of criminal responsibility  [message #20234] Sun, 21 March 2004 03:59 Go to previous message
david in hong kong is currently offline  david in hong kong

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Registered: February 2002
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I found a bit of information on the age of criminal responsibility question. Plus a listing of a few countries and their laws. I'm sure more complete lists could be googled...

The first part comes from UN documents on children's rights:


“States parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular:

(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.”

Under Article 40(4) of the Convention, it is further provided that:

“A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence.”

2.3 The United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) were adopted by the UN General Assembly in 1985. They are not binding in international law, but states are invited to adopt them. Article 4 provides that:

“In those legal systems recognising the concept of the age of criminal responsibility for juveniles, the beginning of that age shall not be fixed at too low an age level, bearing in mind the facts regarding emotional, mental and intellectual maturity.”

While neither the Beijing Rules nor the Convention purport to fix a minimum age of criminal responsibility of universal application, the Committee on the Rights of the Child of the United Nations has criticised jurisdictions which it believes adopt too low an age.


Countries and Age of Criminal Responsibility
Territories

Cyprus 7
Ireland 7
Liechtenstein 7
Switzerland 7
Scotland (UK) 8
Northern Ireland (UK) 8
Malta 9
England and Wales (UK) 10
Greece 12
Netherlands 12
San Marino 12
Turkey 12
France 13
Austria 14
Bulgaria 14
Germany 14
Hungary 14
Italy 14
Latvia 14
Lithuania 14
Romania 14
Slovenia 14
Czech Republic 15
Denmark 15
Estonia 15
Finland 15
Iceland 15
Norway 15
Slovakia 15
Sweden 15
Andorra 16
Poland 16
Portugal 16



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