Defense of infancy

Criminal responsibility describes the reach the age at which a man by the legislature here is trusted to overlook the consequences of his actions so far as to deliberately harm others can and therefore must take responsibility for those actions.

• 4.1 England
• 4.2 United States

Legal situation in Germany

Historically

The precursor of the Penal Code, the Penal Code of 1871, entered an age of criminal responsibility one to the age of 12. She was dependent on the " insight necessary criminality " for qualified by § 56 to 18 years, and the accused could be his family transferred or placed in a educational or reformatory. This arrangement was also already in the Criminal Code for the North German Confederation of 31 May 1870.

By on February 16, 1923 newly adopted Juvenile Court Act, the age of criminal responsibility was raised in § 2 to 14 years. The § 3 regulated the relativization on the basis of " intellectual capacity to understand " and for the first time on the basis of " mental and moral development ". As a second rail, the first Reich Youth Welfare Act was in 1922 decided by the educational need of young people ( contemporary Keyword: " neglect "), which have not become a criminal offense fell within the jurisdiction of the guardianship judge and youth welfare office, where the reaction initially proceeded very slowly.

With the 'first regulation to protect young people against felons " from October 4, 1939 young people were aged 16 and considered as adults when they are" as equivalent mental and moral development of a eighteen -year-old person " after their were and the" in the shown indeed, particularly reprehensible criminal convictions or the protection of the people, such a punishment is required " made ​​. ( § 1 para 2)

With the Reich Youth Act of 6 November 1943, the criminal responsibility fell back to 12 years. The new version of the Juvenile Court Act of October 1, 1953 lifted today still valid limit to 14 years.

Current

The German Criminal Code writes of criminal responsibility, the consummate 14 years ago ( § 19 StGB). The law itself does not use the term " criminal responsibility ", but speaks of guilt inability of the child.

People younger than 14 years are at the material time (ie " children" under the law ), can not therefore be punished. However, the family court may order certain actions outside of the criminal proceedings.

Nevertheless, such criminal proceedings are instituted against a child, so it is set 2 Code of Criminal Procedure by the prosecutor or by the court under § 170 Sec.

However, notwithstanding the able civil claims against the child and possibly against the supervisory agents (eg, liability for breach of duty supervision ) are claimed, as the offense ability to judge by other criteria than the age of criminal responsibility.

Adolescents (ie, persons 14 to 17 years, § 1 paragraph 2 Juvenile Court Act - JGG) are gem. § 3 JGG individually criminally responsible if they are mature enough time of the offense according to their moral and spiritual development, see the injustice of the act and to act on this insight.

Legal situation in Austria

The Administrative Criminal Law ( WTL ) determined in § 4 that is not punishable, who has not yet reached the age of 14 at the time of the act. In § 58 VStG (special provisions for young people) can be found in Section 2, moreover, the regulation that about young people who have not yet reached the time of the crime 16 years, a term of imprisonment may not be imposed. About other youth imprisonment may be imposed for up to two weeks if this is necessary for special reasons; the execution of a custodial sentence, which may not exceed two weeks also, not be affected.

Was the perpetrator at the time of fact, although 14 but not yet 18 years old ( young people ), the fact it is not counted when he was not yet mature enough for special reasons to inspect the Unauthorized fact or this insight to act in accordance.

From the § 74 of the Criminal Code (StGB ) it is also apparent that is a child, who, who has not attained the age of 18 years old over 14 years old and a minor.

Legal situation in Switzerland

In Switzerland, children are from the age of 10 the penal law (Article 3, Section 1 of the Annual Tax Act ). Until entry into force of the new juvenile justice on January 1, 2007 Children from the age of 7 were the penal law.

Legal situation in other countries

England

In England children are from the age of 10 the penal law. By 1998, however, was true for 10 - to 14 -year-old a rebuttable presumption of lack of criminal responsibility ( Doli incapax ).

United States

In the United States the provisions of the commencement of criminal responsibility from state to state differ. Only 15 states have passed laws in which the beginning of the age of criminal responsibility is set explicitly ( depending on the state between the age of 6 to the age of 12 years of age). In the other countries there are no such laws; the Common Law is there instead basis, which assumes that in children aged 7 to 14 years, although responsibility ability can not be assumed that they may yet be called to account. The age of criminal responsibility at the federal level is 10 years of age.