Age of criminal responsibility in Europe
The age of criminal responsibility in Europe refers to the age below which an individual is considered to be unsuitable for being held accountable for their criminal offence, and in this case, how it is handled under different areas of European jurisdiction. In the United States it is also known as "defense of infancy".[1] The most common age of criminal responsibility in Europe is 14.[2]
Countries
- Ireland: 10[3]
- United Kingdom (except Scotland): 10[4]
- Andorra: 12[6]
- Hungary: 12[7]
- Ireland: 12[8]
- Netherlands: 12[3]
- Albania: 14[9]
- Austria: 14[10]
- Germany: 14[11]
- Switzerland: 15[3]
- Norway: 15[12]
- Portugal: 16[13]
- Luxembourg: 16[3]
- Spain: 18 [3]
Norway
De jure
Everyone aged 16 and above can be sent to prison and get equal punishment as an adult. If someone under the age of 16 is intoxicated, seen outside alone after 22:00 or trespassing, the police can detain or drive the individual home. If they choose to detain them at a police station, they can be detained for a maximum of 4 hours. If the police notices someone under the age of 16 doing criminal acts, the police can decide to have obligatory meetings with the teen/child and the parents. This can only happen if the criminal is under the age of 18.[12]
De facto
People under the age of 18 rarely gets imprisoned. There are rarely more than 10 people under the age of 18 imprisoned in Norway. This is because judges rarely finds it ethical to imprison youths, and the organization "Barneombudet" which advises heavily against imprisoning youths. First-time criminals under the age of 18 doing petty crimes usually get no punishment and get released with only a warning.[14]
Portugal
Persons under the age of 16 cannot be held criminally liable. Persons aged between 12 and 16 can be subject to penalties under the Guardianship and Education Law, which allows for the detention of children in closed educational centres. [Criminal Code, Article 19; Lei Tutelar Educativa 1999 (Guardianship and Education Law), Articles 1 and 4]
See also
References
- ^ Fortin, Jane (2009). Children's Rights and the Developing Law. p. 685.
- ^ Zimring, Franklin (2015). Juvenile Justice in Global Perspective. NYU Press. p. 21. ISBN 978-1-4798-9044-6. Extract of page 21
- ^ a b c d e "Minimum Ages of Criminal Responsibility in Europe | CRIN". www.crin.org. Retrieved 20 May 2017.
- ^ s. 50 Children and Young Persons Act 1933, as amended by s. 16(1) Children and Young Persons Act 1969
- ^ "Criminal Justice and Licensing (Scotland) Act 2010". Retrieved 22 April 2023.
- ^ "Criminal Code. Andorra" (PDF). youthpolicy.org. 1999. Retrieved 22 April 2023.
- ^ "Justice ministry rejects UNICEF criticism of new criminal code provisions on youthful offenders". Archived from the original on 31 October 2014. Retrieved 10 March 2016.
- ^ "Children and the criminal justice system".
- ^ "Penal Code" (PDF). hidaa.gov.al. Archived from the original (PDF) on 4 March 2016. Retrieved 22 April 2023.
- ^ "RIS - Jugendgerichtsgesetz 1988 - Bundesrecht konsolidiert, Fassung vom 22.04.2023". www.ris.bka.gv.at. Retrieved 22 April 2023.
- ^ "Criminal Code (Strafgesetzbuch, STGB)".
- ^ a b "Lov om straff (straffeloven) - Kapittel 3. Grunnvilkår for straffansvar - Lovdata". lovdata.no (in Norwegian). Retrieved 13 May 2018.
- ^ "Minimum Ages of Criminal Responsibility in Europe | CRIN". www.crin.org. Retrieved 1 December 2018.
- ^ "Kan du komme i fengsel?". Barneombudet (in Norwegian Bokmål). Retrieved 13 May 2018.