The criminal responsibility threshold for children and adolescents is a central topic of (legal) policy, especially with regard to prevention, intervention, punishment and rehabilitation. In Germany, the possible lowering of the current limit of 14 years is the focus of the debate. Proponents of a reduction plead for earlier criminal consequences to prevent criminal developments. Critics, on the other hand, see the danger of stigmatisation and rely on proven alternatives in child and youth welfare law.
A comparison of the approaches in European countries such as Great Britain (10 years), Sweden (15 years) and Switzerland (10 years) shows a variety of models and their social implications. The UK offers a high degree of flexibility in dealing with young offenders, while Sweden relies on gradual accountability and intensive social measures. Switzerland stands out for its focus on protection and reintegration. France combines educational measures for younger people with tougher sanctions for older adolescents and allows differentiated age groups.
German juvenile criminal law is characterized by an extended scope of application up to the age of 20, which allows for a longer phase of pedagogical influence. However, it faces challenges from increasing crimes committed by under-14s. The balance between protecting society and individual support is a central concern.
A low threshold of criminal responsibility is often accompanied by a more intensive use of educational measures. It is about a differentiated view of adolescence, a stronger link between preventive and rehabilitative approaches, and the consideration of developmental psychology findings in legislation. An orientation in international comparison helps to create a balance between prevention, punishment and rehabilitation.
Read the entire analysis "Strafmündigkeitsgrenzen in Europa: Zwischen Prävention, Intervention, Bestrafung und Rehabilitation” here as a PDF. Please note, to date the analysis is only available in German.
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The series informs in a concentrated form about important positions of the Konrad-Adenauer-Stiftung on current topics. The individual issues present key findings and recommendations, offer brief analyses, explain the Foundation's further plans and name KAS contact persons.