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Facts and Findings

Criminal responsibility limits in Europe: Insights into the legal situation and juvenile delinquency

by Annika Schröder

How European countries deal with criminal responsibility limits and what conclusions can be drawn for the German debate

The discussion about lowering the criminal responsibility threshold in Germany to less than 14 years of age is controversial. Proponents argue that earlier criminal interventions are necessary to prevent criminal careers. Critics warn against stigmatization and point to alternatives such as preventive and educational measures. A comparison of models in countries such as the UK, Sweden and Switzerland shows different approaches and their implications. This analysis sheds light on key challenges and perspectives for Germany.

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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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Contact Elisabeth Hoffmann
Elisabeth Hoffmann
Policy Advisor Youth and Generations
elisabeth.hoffmann@kas.de +49 30 269 96 2515

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About this series

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.