Occasionally, a young child or teenager commits something illegal. These are usually minor offences such as vandalism or theft. Unfortunately, there are also cases where children or adolescents resort to violence and murder. What does our legislation say about crimes committed by children and adolescents and when do we become criminally responsible? Find out in this article.
Criminal liability means that a person can be legally prosecuted and punished for committing a crime.
Someone who meets the legal conditions is criminally liable:
The criminal liability of juveniles, i.e. persons aged between 15 and 18, has specific rules that differ from those for adults. These special arrangements are aimed at educating and reforming rather than punishing them.
Offences committed by juveniles are referred to as misdemeanours and are not punished, but are called measures. The criminal liability of juveniles is then primarily regulated by the Juvenile Justice Act. Let us look at the specifics:
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A person who has attained the age of 15 but has not attained the age of 18 is a juvenile. In addition to age, the juvenile’s intellectual and moral maturity shall also be taken into account. These concepts relate to the capacity of juveniles to understand the nature and consequences of their actions and to distinguish between right and wrong conduct. It is therefore clear that it will vary considerably from one accused juvenile to another and must therefore be assessed on an individual basis.
Deciding on moral and intellectual maturity can look like this:
martin, 16, committed vandalism by spraying various graffiti on the walls of the school along with several other juveniles. The incident was caught on a security camera and Martin was identified as one of the perpetrators.
Martin comes from a divorced family and spends most of his time with friends who have a negative influence on his behaviour. A psychological assessment showed that Martin has no intellectual disability but shows signs of immaturity in his decision making and social behaviour. Martin tends to be influenced by his peers and has a poor ability to resist group pressure. His behaviour is often impulsive and poorly thought out.
The Court thus ultimately concluded that Martin was not sufficiently mature in mind and morals to fully understand the consequences of his actions and to be held criminally responsible for them.
Juveniles are tried by a specialised juvenile court , and the Social and Legal Protection of Children Authority(OSPOD) and the Probation and Mediation Service are always involved in the whole process.
Tip: Learn how to get out of court with probation.
The presence of a defence lawyer is required throughout the criminal proceedings, including at all stages of the trial.
Information about juvenile offenders, including their names, photographs, addresses and other identifying information, is not publicly available. This anonymity is protected by law to minimize negative impacts on their future lives and social integration. Court hearings with juveniles are also generally not public.
Detention can only be ordered if there are serious reasons for it (e.g. a high chance that the juvenile might abscond, influence witnesses or continue criminal activities).
The length of detention for juveniles is limited to a maximum of two months or six months in the case of serious offences. In exceptional cases, it may be extended, again by up to two or six months.
As we have already announced, punishments for juveniles are called measures and there are three types of measures in total :
Tip: Imprisonment is one of the most feared punishments. For what crimes can it be imposed, what exactly influences its amount and how is it carried out? Find out in our article.
The imposition of an unconditional prison sentence is exceptional and the maximum sentence is half that of an adult (e.g. the maximum sentence for juveniles is 5 years, although for adults it would be 10 years).
Statutesof limitation are shorter than for adults and depend on the seriousness of the offence as follows:
Children under the age of 15 are not criminally liable. This means that if a child under 15 commits an act that would normally be considered criminal, he or she cannot be prosecuted and punished. This is called an act otherwise punishable. When a child commits an otherwise criminal act, it does not mean that he or she gets off scot-free, but there are specific procedures.
A child who has committed an otherwise criminal act is not subject to a traditional criminal prosecution but to special court proceedings. The child is also appointed aguardian who is also a lawyer. The court can then decide on measures to correct the child. These include:
Criminal responsibility begins at age 15, and younger persons cannot be prosecuted. For juveniles between the ages of 15 and 18, there is special legislation that emphasises education and re-socialisation rather than punishment. Juveniles also have specialised courts, the mandatory presence of a defence lawyer, identity protection and specific measures instead of traditional punishments. Children under the age of 15 are not criminally responsible and their illegal acts are dealt with through educational and protective measures. These measures include educational obligations, restrictions, reprimands, placement in special programs, supervision by a probation officer, protective education and protective treatment.
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