Conclusive presumption

As a defense of infancy (English, plea of ​​age-related Strafunmündigkeit ') is referred to in the criminal law of England and Wales a defense ( defense objection ). As doli incapax (Latin, unable to list '), therefore children are under ten years (see p 50 Children and Young Persons Act 1933). Until 1998 was incapax just for children up to 14 years, the rebuttable presumption of doli. Only in individual cases, when it was demonstrated that the child clearly knew that it was doing wrong, was rebutted the presumption of doli incapax and the child could be punished. The killing of an infant by two eleven year old boys shook England in 1993 and led to legislative change: By s 34 of the Crime and Disorder Act was repealed doli incapax 1998. This punishment of children aged 10 to 14 years is noticeably easier.

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