Criminal responsibility starts at 14 in Germany, 15 in Sweden, 16 in Portugal and 18 in Luxembourg, ... “The current age of criminal responsibility at ten is too young. Hence, young people in closed institutional care have come there via both criminal and welfare procedures. As no country is perfect in terms of its use of statistics, it is difficult to compare nations in terms of official statistics (Barberet 2001; Estrada 1999, 2001; Hofer 1998). Studier kring 1902 års uppfostringslagar. Om vådan av den nyttiga straffrätten [Beware of Punishment. (2000) Straffrättens påföljdslära. The law states that young people over 12 years of age can be old enough to take responsibility. From the age of 15 years the minor is in principle treated in the same way as an adult. The Ministry of Education and Research has responsibility for coordinating youth policy, ... Country Sheet on Youth Policy in Sweden. From a social welfare perspective, it is important that the child’s needs have been properly assessed; it is the young person’s current situation and prognosis for development that must be taken into account, not the crime itself. There is an inherent conflict between the different systems in terms of how to deal with young offenders. Stockholm: Norstedts tryckeri AB. China has lowered the age of criminal responsibility for some serious crimes from 14 to 12, as it looks to combat juvenile crime committed by children. Rapport 2000:7. Today the age has been lowered to 18, but special circumstances still apply … En Kommentar. E3록�|�$�0��=��O�5�����p��
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|����\�iC�ڏ���X��C�rb�]�$���ө�\N&#Ё"�V%צ����q"a�T���A�"��QB���ɯ��-��$�%����ZB��Q��O����|�m��e�+�Qo�2�o�pu�����3&XB�[���Ӄ~ʼn�=��D|W�Q7��n.j�θ����5{d������ѯ��Rw�/��5}9�. London: Sage. In the criminal justice system the principle of proportionality and the concept of culpability have taken on added importance as a result of reforms introduced in 1989 to criminal policy. This became evident from a recent study on how prosecutors and judges perceive the option of surrendering young offenders to special care by the social services. In consequence, the number of unsolved shoplifting cases has increased in the last ten years (Lindström 1998). <>>>
These include expanding early help services to identify issues and prevent problems from developing, raising the age of criminal responsibility to 14, and reforming the court system to make it more child-friendly and address children’s health, welfare and education needs. Betänkande av Ungdomsbrottsutredningen. They are expected to prepare a report about the young offender to the prosecutor before the decision is made in court about both facts and, if proven, consequences (Proposition 1997/98:96). The age of criminal responsibility is relatively high in Sweden compared with other countries in Europe where the age of responsibility varies between 7 and 18 years (Jareborg and Zila 2000). On the other end of the scale, many countries set the age between 12 and 14 and Sweden … Our main focus is the 15–17 age group, which has received most attention in recent national strategies and legislation. The changes to the age of criminal responsibility in England over The social services have long been criticised for being both too weak and too vague in their plans and interventions for young offenders (Proposition 1997/98:96; SOU 1993:35). White, S. (2001) Handbook of Youth Justice. The implication is that the social workers’ interventions should be in proportion to the culpability of the crime (BRÅ 2002). One tension is that the criminal legislation focuses on events that occurred in the past, whereas child welfare legislation focuses on the child’s current situation and prognosis for development in the future. This means that the court can decide to give the social services authorities the responsibility to provide care or treatment for the convicted young offender. An Interview Study]. This situation creates a difficult role for social workers, prosecutors and the courts when dealing with young offenders. And we need to reflect our progressive commitment in legislative change, with a much higher age of criminal responsibility. decision in court. (2000) Pojkar som gått vilse. In S. White (ed) Handbook of Youth and Justice. [The Sentencing Doctrine in Criminal Justice]. The definition of “young offenders” in Sweden is offenders who have reached the age of 15 but have not yet turned 21. Usage depends on the severity of the crime, yet it is carried out with treatment aims under the social services, which retain the main responsibility for the young person and run the closed institutions according to the Enforcement of Custodial Youth Care Act 1998 (603). Raising the age in Australia has been hotly debated for years. For example, many of the runaways and other status offenders apprehended by the police are victims of abuse or neglect, which may be why they ran away (Chesney-Lind and Pasko 2004). From a welfare perspective it is important that both the parents and a social worker are informed at an early stage so that they can participate actively in the investigation and gain better knowledge of the process. Youth crime trends are difficult to describe for the same reason. The changes are mainly driven by ideology and make little difference to the behaviour of young offenders. Hardening Ideology, Organizational Change and New Challenges for Social Work with Children in Trouble.’ Child and Family Social Work 5, 255–265. BRÅ (2000b) Sveriges officiella brottsstatistik. A person should not be imprisoned before 21 years of age. The definition of what constitutes a crime varies between countries, as do the lower and upper age limits for juvenile status, police practices and differences in the administration of justice. The youth justice system encompasses a broad range of perspectives on both welfare and justice, and these vary from jurisdiction to jurisdiction. Today the conflict between them is more evident and more complex than ever before. It is the local social services board – a municipal, political, organ – that decides about care for children and families according to the Social Services Act. Armelius, S. Begtzon, P-A. Apropå nr 1. This age remains one of the lowest in the world, with countries such as Iran, Singapore, Sudan and Pakistan coming in below us by setting the age of criminal responsibility at 7. Stockholm: BRÅ-Apropå 5–6. Whether juvenile crime is increasing or decreasing is a constant topic of debate in Sweden (Ahlberg 1992; Estrada 1999, 2001; SOU 2004:122). POSTNOTE 577 June 2018 Age of Criminal Responsibility Page 2 and intellectual immaturity.18,19 In 2007 the UN Committee on the Rights of the Child (UN CRC) declared an ACR of less than 12 years “not to be internationally acceptable”.20-22 Many countries have introduced or raised their ACRs Garland, D. (1991) Punishment and Modern Society. The gap between the minimum age of prosecution and the minimum age of criminal liability means that criminal offences committed between the age of 8 and 12 may be included on a child's criminal record, though a prosecution may not take place. The child cannot stop a social worker being present at the investigation, as he/she is obliged, by law, to be there (Provision Act, Section 5). Today the conflict between them is more evident and more complex than ever before. The government intended this sanction to be used as sparingly as a sentence of imprisonment would be. Copyright © 2013. The most common types of crime committed by boys in Sweden are pilfering, criminal damage, car theft, burglary, physical assault and minor thefts such as shoplifting. Children can be held criminally responsible from the age of eight. This view of children as being innocent and in need of protection is, however, of recent origin, which indicates that our understanding of children is historically and culturally relative (Hollander 1998). This consolidates the label of the ‘dangerous criminal child’ (Goldson 2000; Levin 1996). The child should be asked about his or her attitude towards the parents being present at the child’s hearing, although there must be a very strong reason not to allow them to be present. This consolidates the label of the ‘dangerous criminal child’ (Goldson 2000; Levin 1996). Sage Publications. The Minimum Age of Criminal Responsibility (known as MACR) ... Sweden and Finland have gone above the UN stance on children’s responsibility with the MACR set at 15. The age of criminal liability is 15 and 21 was previously the year in which one came of age. As in many other western welfare states, the trend has been away from the welfare approach and towards more control, more punishment and the notion of ‘just deserts’ (Garland 1991, 2001; Goldson 2000; Littlechild 1997). The minimum age for criminal responsibility in Sweden is 15 years of age. There are five sanctions that can be imposed for young offenders who have been proved guilty: These represent a hierarchy, with fines expected to cover the least serious offences, while probation and conditional sentences are seen as alternatives to custody. At the same time, it was intended to create a more credible criminal sanction for the courts compared with the social services’ interventions in cases of more severe crime. They can be taken to court and convicted of crimes, receiving a criminal record. From a Swedish perspective, social services interventions can mean both voluntary (consensual) and coercive interventions/sanctions, and justice can mean both social and legal justice. (2001) Samhället och de unga lagöverträdarna [Society and Juvenile Delinquents]. In Sweden, co-operation between the social services and the criminal juvenile justice system is crucial throughout the whole legal process, from the preliminary investigation to the final decision in court. From the government’s perspective, this sentence of surrender to special care challenges the social services authorities on the one hand, and the prosecutors and courts on the other, to collaborate in ways that meet the young person’s welfare needs while also addressing the offence with an element of punishment or reparation (SOU 2004:122). [Lost Boys. Nordiskt Sosialt Arbeid 4, 194–201. This is rarely the main cause of the justice system’s involvement with youth, however (Finkelhore, Pascall and Hashima 2001). When the investigation has been concluded the prosecutor must choose between three types of decision: The first type of decision may occur if the crime is considered less serious and the juvenile has confessed. stream
Stockholm: Graphium/Norstedts AB. [The Child and the Legal Process]. This means that the social worker has to suggest a plan for the young person based on an assessment of her/his situation and needs before it is decided if he or she is guilty of the crime. Stockholm: Norstedts. If guilt has not clearly been proven, how can the report reflect the severity of the crime? Although there have been only a few changes in the number and types of reported youth crimes, there have been important changes in the last 10–15 years in terms of the way the criminal justice system has responded to youth offenders (BRÅ 2000a). Since the publication of The age of criminal responsibility (Urbas 2000), some jurisdictions have revised their legislation, confirming a trend over the last 20 years to uniformity in age limits for criminal responsibility. local services boards and the administrative courts (Lundström and Vinnerljung 2001; SOU 2004:122). European Journal on Criminal Policy and Research 7. In Brazil, Peru and Uruguay, it is even higher at 18. The implication is that the social workers’ interventions should be in proportion to the culpability of the crime (BRÅ 2002). In Norway, the age of criminal responsibility is 15. The police officer, as the crime investigator, has the option of not reporting the crime to a prosecutor if it is considered ‘less serious’ and if the sanction would probably be a fine. This highlights the difficulties involved in correctly apprehending what are the responsibilities of the social services system when dealing with young offenders. When we speak about youth crimes we mostly mean crimes committed by boys. Muncie, J. Hollander, A. ... (the age of criminal responsibility is 14 in Germany, 15 in Sweden and 16 in Portugal). There is an inherent conflict between the different systems in terms of how to deal with young offenders. (2018). Kluwer Academic Publishers, 23–42. Barberet, R. (2001) Youth crime in western Europe. There is an apparent risk that interventions are generated from the crime rather than from the needs of the child. The age of criminal responsibility. Rydelius, J. Sarnecki and K. Söderholm Carpelan (eds) Vård av ungdomar med sociala problem (Treatment and Care of Youth with Social Problems). Wennberg, S. (2000) Introduktion till straffrätten, Sjätte upplagan. Social work plans therefore have to combine responses to welfare need with judgements about appropriate sanctions for the crime. It is 10 in England and Wales, 14 in Germany and Japan, and in 33 states of the US there is no minimum age at all. Currently, the age of criminal liability in China is 16, but teenagers aged 14 to 16 can be charged and punished as criminals for serious crimes including intentional homicide, rape and robbery. The issue of whether to lower the criminal age of responsibility came to the fore after a case last year in which a 13-year-old boy confessed to police that he had killed a 10-year-old girl. Actions taken for the sake of the child’s care and protection may be an indirect way of protecting society because a child who has committed a crime can still be taken into custody compulsorily. It is not unusual that the young person denies any involvement in the crime he or she is accused of. fine, probation, custody). New York: Kluwer Academic/Plenum Publishers. The literature on juvenile justice is largely concerned with offenders, but young people come to the attention of the justice system also as victims. This became evident from a recent study on how prosecutors and judges perceive the option of surrendering young offenders to special care by the social services. The social services are, as mentioned above, obliged to submit a report concerning the young person to the prosecutor before a decision is taken as to whether or not to prosecute. The Criminal Code also contains general provisions on all offences, Criminal Responsibility. Under an amended law, children aged 12 to 14 will be held criminally liable for “intentional homicide or intentional injury that leads to death or causes others severe disabilities by extremely cruel means.” This implies that the social welfare system should correspond with the criminal justice system both in judging the severity of the crime and in imposing the sentence. Diverting offenders from the criminal courts – for example, by issuing cautions – has traditionally been used for young boys and girls rather than for adults because the legal process itself is thought to harm children. In S. White (ed) Handbook of Youth and Justice. In ascertaining a child’s legal competence, it is a delicate task to find a balance that takes into account the child’s life situation, the crime committed and his or her need of protection and care. If you have any question you can ask below or enter what you are looking for! The offence is given priority at the expense of the young person’s circumstances and needs. Police-reported school violence among children below the age of criminal responsibility in Sweden – signs of increased sensitivity and segregation? Advocates have pointed to Norway, Finland and Sweden, where the age of criminal responsibility is set at 15, and Brazil, Peru and Uruguay, where it is set at 18. This has always been the case but renewed emphasis on legality has highlighted the ambiguity of the role of the local social services. In D. Victor (ed) Varning för straff. Currently, the age of criminal liability in China is 16, but teenagers aged 14 to 16 can be charged and punished as criminals for serious crimes including intentional homicide, rape and robbery. Norway, Finland and Sweden have an age of criminal responsibility set at 15. that the juvenile criminal justice system has to deal with (the “welfare/ justice clash”) in Sweden and Germany. It represents a combination of punishment and care. In such situations the social welfare officer has the opportunity to intervene on the child’s behalf (Compulsory Care Act, Section 6). The suggested intervention can be compulsory or voluntary institutional care or supervision. South America: 18. The government’s official aim is to encourage more consultations, co-operation and co-ordination between the social services and the juvenile justice system in order to bring about a common strategy that ensures their public responsibility for young offenders has been fulfilled. Prosecution applies when the crime is more severe or the juvenile denies responsibility for it (Provision Act, Sections 15–17). 4 0 obj
care is not given by the child’s guardians, or by the young person if the person is 15 years of age, the Compulsory Care Act can be applied. The Compulsory Care Act can be applied because of a young person’s criminal behaviour but also because of drug abuse and other situations that place the child’s health and development at serious risk. No person can be subjected to a criminal sanction for an offence committed while under the age of 15. Stockholm: Norstedts. The definition of “young offenders” in Sweden is offenders who have reached the age of 15 but have not yet turned 21. Offenders under age twenty are dealt with in regular criminal courts. The principle of legality is also of great importance (CC 1:1). At the state level, 33 states set no minimum age of criminal responsibility, theoretically allowing a child to be sentenced to criminal penalties at any age [Cipriani,D. The aim of the regulations is to ensure that they assume responsibility for the child and lend their full support (Provision Act, Sections 5–7). the age of criminal responsibility in organised thefts (Bell & Heathcote 1999, p. 4). From a Swedish perspective, social services interventions can mean both voluntary (consensual) and coercive interventions/sanctions, and justice can mean both social and legal justice. [Organic Law 5/2000 of 12 January, on the criminal responsibility of minors, Articles1(1) and 3] Sweden. Youth custody was introduced in 1999 for young people between 15 and 17 years of age. In other European countries, the age is significantly higher – at 14 in Germany, 15 in Sweden and 16 in Portugal. Stockholm: Norstedts. (1985) Omhändertagande av barn. Girls are as good as invisible in this context, a circumstance that has worked to the detriment of girls and young women; this situation creates difficulties in developing resources to address the problems girls experience (Chesney-Lind 2001). endobj
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