Age of criminal responsibility

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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.

Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. 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 it was wrong. In fact, capacity was a necessary element of the state's case. 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,[1] 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.[2] The "age of criminal responsibility" is used by most European countries, the UK,[3] Australia, New Zealand[4] and other Commonwealth of Nations countries.[5] Other instances of usage have included the terms age of accountability,[6] age of responsibility,[7] and age of liability,[8]

The term Minimum Age of Criminal Responsibility (MACR) is a term commonly used in the literature.[9][4]

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.[10]

The age of criminal responsibility[]

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:[citation needed]

  1. 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.
  2. 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[]

See also: Criminal responsibility in French law

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 up to a specified age.[11] 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 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.[citation needed]

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.[citation needed]

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,[12] which came into force on 31 March 2020.[13][14] 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 age varies between states, being as low as 6 years in South Carolina and 7 years in 35 states; 11 years is the minimum age for federal crimes.[citation needed]

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.[citation needed]

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.[citation needed]

By country[]

The following are the minimum ages at which people may be charged with a criminal offence in each country:

Country
Age (reduced)[a]
Age (full)[b]
 Ref Notes
 Afghanistan 7 12 [15] 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.
 Albania 14 16/18 [16] 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.
 Algeria 13 18 [17]
 Andorra 12 18/21 [18]
 Angola 14 18 [19] 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.
 Antigua and Barbuda 8 16 [20] According to Articles 1 and 3 of the Juvenile Act, Courts must have regard to the welfare of those under 16.
 Argentina 16 18 [21][22]
 Armenia 14 [23]
 Australia 10 [24] Age of criminal responsibility in Australia. Review under way since 2019.[25]
Rebuttable presumption of incapacity of committing crime: under 14.[24][26]
 Austria 14 18/21 [27]
 Azerbaijan 14 [28]
 Bangladesh 7 9 [29]
 Belarus 14 16 [30] 16 is the standard age of criminal liability in Belarus. Minors between 14 and 16 years old are responsible only for certain crimes, according to article 27 of the Belarusian Criminal Code.
 Belgium 12 [31]
 Bhutan 10 [29]
 Bolivia 14 [32][33] Lowered in July 2014 from 16 to 14.
 Bosnia and Herzegovina 14
 Brazil 12 [34][35][36][37] Juvenile judiciary system for offenders aged between 12 and 18, can be sentenced to a maximum of 3 years of imprisonment; separate juvenile jails.
 Bulgaria 14 [38] 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.
 Burundi 15
 Cambodia 14 [29]
 Canada 12 18 [39]
 Cape Verde 16
 Chile 14 16 [40][41]
 China 12 16 [29][42] 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.
Notes
 Colombia 14 18 [36]
 Costa Rica 12 [44] 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.
 Cote d'Ivoire 10
 Croatia 14 18/21 [45] 14 for all crimes under the general provisions of the Criminal Code; special provisions may apply for some crimes up to the age 21.
 Cuba 16 18/20 [46]
 Cyprus 14
 Czech Republic 15 18 [47]
 Denmark (including Faroe Islands)[48] 15 18 [31]
 DR Congo 14 16 [49]
 Ecuador 12 18 [50]
 El Salvador 12 18
 Egypt 12 [51]
 Equatorial Guinea 16
 Estonia 14 18/21 [31]
 Ethiopia 9 [51]
 Fiji 10
 Finland 15 [52]
 France 13 18 [31]
 Gambia 12
 Georgia 14 [53] Section 33 of Criminal code of Georgia defines that minors between 14 and 17 can be charged with criminal responsibility by juvenile justice.
 Germany 14 [54] 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.
 Greece 15 18/21
 Guinea 10
 Guinea Bissau 16
 Hong Kong 10 [43]
 Hungary 12 14 [55] 12 only for premeditated homicide, voluntary manslaughter and bodily harm leading to death or resulting in life-threatening injuries; 14 for other crimes.[55]
 Iceland 15 18 [31]
 India 7 12 [29] 7 only for heinous crimes, 12 for others. Offences by minors can be sentenced for a maximum of 7 years in juvenile hall, except for heinous crimes like murder and rape if age between 16 and 18.
 Indonesia 8 [29]
 Iraq 9 [29]
 Iran 9 (girls); 15 (boys) [56][57]
 Ireland 10 12 [58] Exception for children aged 10 or 11, who can be charged with murder, manslaughter, rape or aggravated sexual assault.
 Israel 12 [29]
 Italy 14 [31] Juvenile judiciary system for offenders aged between 14 and 18; separate juvenile halls.
 Japan 14 20 [59]
 Kazakhstan 14 16 [60]
 Kenya 8 [51]
 Kosovo 14 18/21 [61]
 Kuwait 7 15 [29]
 Kyrgyzstan 14 18 [62]
 Laos 15
 Liechtenstein 14 18/21
 Latvia 14 18
 Libya 14 18 [63]
 Lithuania 14 16
 Luxembourg 18 [64]
 Malaysia 10 [65][66]
Notes
 Mauritania 7
 Mexico 12 14 [67] Incarceration starting at age 14. Other measures applied for ages 12–13.
 Moldova 14 16/21
 Mongolia 14 16 [68] Children between 14 and 16 years old responsible only for certain crimes.
 Montenegro 14
 Morocco 12 [51]
 Mozambique 16
 Myanmar 7 12 [29]
   Nepal 10 [29]
 Netherlands 12 [31]
 New Zealand 10 14 [69][70][71] 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 14 years but this may be increased circumstantially. See Youth justice in New Zealand.
 Nicaragua 13
 Nigeria 7 [51]
 North Korea 14 [29]
 North Macedonia 14
 Oman 9 [29]
 Norway 15 18 [72]
 Pakistan 7 [29]
 Palau 10
 Papua New Guinea 7[73]
 Panama 12
 Paraguay 14 [74] Minor offenders can be sentenced to a maximum of 8 years of imprisonment.
 Peru 14 18 [36]
Notes
 Philippines 15 18 [75][76][77] 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 146-34-0.[78] As of 2020, Some child rights advocates were opposing this and other related bills in favor of a less fragmented approach addressing children's issues.[79]
 Poland 15 17 [80]
Notes
 Portugal 16 18/21 [82]
 Qatar 7 [29]
 Romania 14 16/18 [31]
 Russia 14 16 [83]
Notes
 Rwanda 14
 San Marino 14[84] 18/21[85]
 São Tomé and Príncipe 16
 Saudi Arabia 12 [29]
 Senegal 13
 Serbia 14
 Sierra Leone 14
 Singapore 10[86] The Penal Code Review Committee was proposing to increase the age to 10.
 Slovakia 14
 Slovenia 14 18/21 [31]
 Solomon Islands 8
 South Africa 12 14 [87][88] 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.
 South Korea 14 19 [29]
 Spain 14[89][90] 18/21[91][90]
 Sri Lanka 8
 Sudan 12 18 [92]
 Swaziland 7 14 [51]
 Sweden 15 18/21 [31]
  Switzerland 10 18 [31]
 Syria 10 [29]
 Taiwan 14 Minors between 14 and 17 qualify for reduction of sentence under section 18 of the Criminal Code. The death penalty and imprisonment without term cannot be applied to minor offenders.[93]
 Tajikistan 14 16 [94]
 Tanzania 7 [51]
 Thailand 7 14 [29]
 Timor-Leste 16 [29]
 Turkey 12 [31]
 Turkmenistan 14 16 [29]
 Tunisia 13
 Uganda 12 [51]
 Ukraine 14 16 [31]
 United Arab Emirates 7 [29]
 United Kingdom 10 [95][96][97][12][13][14]

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 can't 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.

 United States varies by state varies by state [98][99] At the state level, 33 states set no minimum age of criminal responsibility.[98] For federal crimes, the minimum age of criminal responsibility is 11.[99] Massachusetts has the oldest minimum age of criminal responsibility at 12 years old with no exceptions while North Carolina has the youngest minimum age at 6 years old.[100]
 Uruguay 13 18 [101]
 Uzbekistan 13 16 [29] "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]"
 Vanuatu 10
 Vietnam 14 16 [29]
 Yemen 7 [29]
 Zambia 8 12 [51]
 Zimbabwe 7 14 [51]

Child imprisonment[]

Child imprisonment is a concept in criminal law where people are considered not old enough to be held responsible for their criminal acts. The main problem in most countries is whether children should be punished as an adult for crimes committed as a juvenile, or if special treatment is a better solution for the offender.

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[]

  1. ^ For only certain severe crimes, or rebuttable doli incapax.
  2. ^ For all crimes, or full responsibility.

References[]

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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.
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