age of criminal responsibility sweden

Stockholm: Graphium/Norstedts AB. fine, probation, custody). The age of criminal responsibility there is officially eight, but government rules say children under 12 will not be prosecuted. However, the youth justice system plays the dominant part in this situation and the UN Convention, ratified by Sweden in 1990, has not changed the situation for young offenders in that respect (Proposition 1997/98:96; Proposition 1999/00:137; 2002/03:53; SOU 2004:122). 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). SOU 1993:35 Reaktion mot ungdomsbrott. Stockholm: Norstedts Juridik AB. 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. (2001) Juvenile crime victims in the justice system. In Sweden, where the social welfare system is deeply integrated in the criminal justice system, it is difficult to separate these considerations. Our main focus is the 15–17 age group, which has received most attention in recent national strategies and legislation. The age of criminal responsibility is the age at which a person can be punished for an act that the law deems to be a criminal offence. The age of criminal responsibility. 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). On the other end of the scale, many countries set the age between 12 and 14 and Sweden … The offence is given priority at the expense of the young person’s circumstances and needs. If the investigation is complicated because of the severe nature of the crime, or if there are many suspects or different crimes are involved, the time limit can be extended at the discretion of the chief prosecutor (Provision Act, Section 4). Stockholm: Norstedts tryckeri AB. The Swedish law on criminal responsibility of minors is structurally quite simple. x��[[oܶ~7��G�8�ŋH� �8i��HEڇ�V^�gW�JZ��g��V�2�n��.��pn��\�*��v��ŋ�Wu�H�%�ry��>��X�Ţη�˗��+��GJ( BA�o��( �x��Q��w�YU�g!Y�ϻ�/�/��￘��Ih=��ނ�+%= 1�Z��է��~��E�=�ʃ��D��y�ʿ�^��9t�(�G�ա��P֛��A�`��E�~�"�N�z[��S~;��c-��W�P��Uk`�b$JD�H�F��?�h��AG@\�ZF$�x�Y�2�7[�I�I��)�J�$�"U�d3H�Aq;F�Π�z�� This highlights the difficulties involved in correctly apprehending what are the responsibilities of the social services system when dealing with young offenders. changes can distance juveniles in trouble from ordinary child and family policy and social work, and separate them from the welfare domain. Swedish Child Policy from the Perspective of the UN Convention of Children’s Rights]. The Crime Prevention Council, National Board of Health and Welfare, and the National Board of Institutional Care. Concerning very serious crimes it is possible to imprison a person who … 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 average age of criminal responsibility in Scandinavia is 15. If consent to 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. 15 Minimum Age. 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. [Government Bill: Strengthening the Protection for Exposed Children]. Oxford: Oxford University Press. 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). [Child Justice Act 2015, Section 5.] The most common crime where this option is used is shoplifting. 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 … The death of a child at the hands of other children is rare, and of huge national interest wherever it occurs. 1, pp. 1, Section 6. Goldson, B. These international profiles investigate the Minimum Age of Criminal Responsibility (MACR) in Germany, Republic of Ireland, New Zealand, Portugal, and Sweden, respectively. Minow, M. (1986) ‘Rights for the Next Generation: A Feminist Approach to Children’s Rights.’ Harvard Women’s Law Journal 9, 1, 1–23. Whether juvenile crime is increasing or decreasing is a constant topic of debate in Sweden (Ahlberg 1992; Estrada 1999, 2001; SOU 2004:122). 1 0 obj Age of criminal responsibility in England and Wales 'too low' says watchdog. Kluwer Academic Publishers, 23–42. The age of criminal responsibility in Europe refers to the age below which an individual is considered to be unsuitable for being held accountable for their criminal offence, also known as "defense of infancy" in the US. Table 1 The Minimum Age of Criminal Responsibility: Some International Comparisons Country Age Country Age Austria 14 Spain 14 Belgium 18* Canada 12 Germany 14 Norway 15 Portugal 16 France 13 Sweden 15 Denmark 15 Australia 10 Ireland 12* and . 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 Swedish Criminal Code (brottsbalken, SFS 1962:700) was adopted in 1962 and entered into force on 1 January 1965. Protection of the child – protection of society. Stockholm: Fritzes. They also point out that both welfare and justice are dualistic concepts (King and Piper 1995). 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 There are truly challenges facing welfare and justice research to develop theories and methods that could be credible options in the cases of children who commit crimes. They also point out that both welfare and justice are dualistic concepts (King and Piper 1995). We need to be bolder and aim higher. The age of criminal liability is 15 and 21 was previously the year in which one came of age. The principle of legality is also of great importance (CC 1:1). Children, unlike adults, are perceived as lacking legal competence, and therefore particularly vulnerable and in need of special protection. When we speak about youth crimes we mostly mean crimes committed by boys. In other European countries, the age is significantly higher – at 14 in Germany, 15 in Sweden and 16 in Portugal. The law states that young people over 12 years of age can be old enough to take responsibility. Garland, D. (2001) The Culture of Control. Knutsson, J. 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). The age of criminal responsibility in Sweden is fifteen. 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). Lund: Diss. In Välfärdstjänster i omvandling. Estrada, F. (2001) Juvenile Violence as a Social Problem. Editorial. The changes to the age of criminal responsibility in England over In Switzerland, children aged 10 … 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. There are, however, special rules concerning waiving prosecution and other procedural matters (see II. Chesney-Lind, M. (2001) Girls, violence and delinquency. Sweden 15 Turkey 12 The Anglophone offenders As can be seen from the comparative ages of criminal responsibility across Europe, the countries that make up the UK have the lowest ages of responsibility. However, most cases remain unsolved because of a lack of investigative resources. Age of criminal responsibility in England and Wales 'too low' says watchdog. A major dilemma is that this form of closed institutional care is also a form of treatment/sanction within the social services system (Compulsory Care Act, Section 12). (1992) ‘Myten om en minskande ungdomsbrottslighet.’ [The Myth about Decreasing Juvenile Criminality]. In Scotland, the age is currently eight, but legislation is being passed to raise it to 12. Sage Publications. 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. Stockholm: Norstedts. Table 1 The Minimum Age of Criminal Responsibility: Some International Comparisons Country Age Country Age Austria 14 Spain 14 Belgium 18* Canada 12 Germany 14 Norway 15 Portugal 16 France 13 Sweden 15 Denmark 15 Australia 10 Ireland 12* and . (see III. [Taking Children into Custody]. The report must provide concrete information about the plans for the young person (Proposition 1997/98:96; Provision Act, Section 11). 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. Crime and Social Order in Contemporary Society. Om vådan av den nyttiga straffrätten [Beware of Punishment. Proposition 2000/01:80 Ny socialtjänstlag [Governement Bill: A New Social Services Act]. It seems more reasonable to interpret children’s competence according to their life conditions in that, for children as for adults, competence is a mutual question of how well one manages life. In S. White (ed) Handbook of Youth and Justice. Since then there has been a recurrent conflict between proponents of welfare-orientated and formal justice-orientated approaches to reducing youth crime (Bramstång 1964; Levin 1996; SOU 1993:35). The age of criminal responsibility in many European countries ranges between 14 and 16, but in England, Wales and Northern Ireland remains at 10. (1999) Youth and Crime: A Critical Introduction. Strong demands have been made for the social services authorities to follow new punitive strategies and standards concerning young offenders (Proposition 1997/98:96; Proposition 2002/03:53). A Journal of Theory and Practice in Social Welfare 17, 4, 73–92. Some Swedish criminological studies show that youth crime has both increased and become more violent since the 1970s, whereas others suggest little change since the Second World War (Ahlberg 1992; Knutsson 1993; Tham 1995). Barberet, R. (2001) Youth crime in western Europe. SOU 2004:122 Ingripande mot unga lagöverträdare [The Swedish Governments Official Report: Actions against Juvenile Offenders]. Police-reported school violence among children below the age of criminal responsibility in Sweden – signs of increased sensitivity and segregation? This decision can be made only if the social authorities have submitted a written report to the prosecutor or the court describing what interventions will be carried out if the young person is placed in their care. Criminal Responsibility. [The Sentencing Doctrine in Criminal Justice]. (2000) ‘“Children in need” or “young offenders”? 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 Ministry of Education and Research has responsibility for coordinating youth policy, ... Country Sheet on Youth Policy in Sweden. Proposition 1996/97:124 Barnkonventionens införande i Socialtjänstlagen [Government Bill: Introducing the UN Convention on the Rights of the Child into the Social Services Act]. Armelius, S. Begtzon, P-A. Because of these differences in how the statistics are compiled, it is easier to compare trends than levels (Hofer 1998). Hollander, A. endobj In England and Wales and Northern Ireland the age of responsibility is 10 years, and in the … (Compulsory Institutional Care – A Follow-up Study]. (2001) Samhället och de unga lagöverträdarna [Society and Juvenile Delinquents]. 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. Increasingly, policy-makers stress the importance of a prompt response so that young people can more easily see the link between the law-breaking incident and the associated decision. Research also shows an appreciable rise during the 1990s in the number of children taken into custody by the local services boards and the administrative courts (Lundström and Vinnerljung 2001; SOU 2004:122). 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.” [Commentary on The Social Welfare Legislation]. %�� BRÅ (2000a) Påföljdssystemet för unga lagöverträdare [Crime Prevention Council, The Juvenile Justice System]. endobj New York: Kluwer Academic/Plenum Publishers. British Journal of Criminology 41, © Centre for Crime and Justice Studies (ISTD), 639–655. 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. A person should not be imprisoned before 21 years of age. 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). Note, this legislation has been amended since this translation was produced.] 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. 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. The majority of both prosecutors and judges assumed that, in the statements submitted by social workers to the prosecutor, due regard had been paid to the principles of proportionality and culpability in the planning of interventions for young people prosecuted for criminal offences. %PDF-1.5 Sweden 15 Turkey 12 The Anglophone offenders As can be seen from the comparative ages of criminal responsibility across Europe, the countries that make up the UK have the lowest ages of responsibility. 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. For girls the most common crimes are shoplifting and theft. 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. The debate among lawyers, criminologists and social workers in Sweden has for a long time been concerned with divergent approaches of the social welfare and justice systems. Raising the age in Australia has been hotly debated for years. The intentions of the legislation introduced then were to change the earlier emphasis on repression and the protection of society that had earlier dominated child welfare legislation concerning young offenders (Proposition 1979/80:1). Hollander, A. Redogörelse för barnpolitiken i Sverige med utgångspunkt i FN:s konvention om barnets rättigheter [Government Bill: Children – Here and Now. 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 And we need to reflect our progressive commitment in legislative change, with a much higher age of criminal responsibility. No other country in the EU criminalises such young children, with the age of criminal responsibility set at 14 in Germany, 15 in Sweden, 16 in Portugal and 18 in Luxembourg. Studies on 1902 Laws Considering Troubled Youth]. Estrada, F. (1999) Juvenile Crime Trends in Post-war Europe. The implication is that the social workers’ interventions should be in proportion to the culpability of the crime (BRÅ 2002). Nordisk Tidskrift for Kriminalvidenskap 2. They can be taken to court and convicted of crimes, receiving a criminal record. The age of criminal liability is 15 and 21 was previously the year in which one came of age. In comparison the age of criminal responsibility is 14 in Germany, 15 in Sweden, 16 in Portugal and 18 in Luxembourg. Proposition 1989/90:28 Vård i vissa fall av barn och ungdom [Government Bill: Care of Children and Youth in Certain Situations]. Quick guide Provisions on other offences are found in specific acts and laws. There are situations, however, when parental participation can be prohibited by the investigator – for example, where there is a severe conflict between parent and child, or if the parents attempt to impede the investigation (Clevesköld and Thunved 2001). BRÅ, Socialstyrelsen och Statens institutionsstyrelse (2002) Sluten ungdomsvård – en uppföljning. [The Child and the Legal Process]. Hence, young people in closed institutional care have come there via both criminal and welfare procedures. 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. Offenders under age twenty are dealt with in regular criminal courts. Sweden. The amendment to criminal law, passed Saturday by the Standing Committee of the National People’s Congress, declares that children between the ages of 12 and 14 will bear criminal … In D. Victor (ed) Varning för straff. This is one of the fundamental pillars of the Swedish youth justice model and it has remained intact despite recent legislative reforms (Proposition 1962:10; Proposition 1979/80:1; Proposition 1997/98:96). China has lowered the age of criminal responsibility to 12 from 14 for some serious crimes as it cracks down on a rise in juvenile crimes. Today the age has been lowered to 18, but special circumstances still apply … Allmän SiS-rapport nr 6 Stockholm: Statens Institutionsstyrelse (SiS). Young people under 18 years of age can be sentenced to prison only under very special circumstances and their age alone warrants a less severe sentence than for adults (CC 29:7; CC 30:5). below). This has a dual function. Journal of Scandinavian Studies in Criminology and Crime Prevention: Vol. From a criminal justice perspective, it is important that, by means of the statement, the court is able to foresee the type of intervention being planned and the relation it bears to the crime. Today the conflict between them is more evident and more complex than ever before. 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. However, there is legislation for young people under 21 involved in offending. New York: Kluwer Academic/Plenum Publishers. Since 1999 this principle has been applied to a greater extent in the youth justice system as well, with the aim of bringing sanctions towards young people who offend more in line with the justice system for adults (Proposition 1997/98:96; SOU 2004:122). Bramstång, G. (1985) Sociallagstiftningen. The swings of the pendulum between different values and strategies used by the social services authorities and the justice systems – care, rehabilitation or sanctions – make an interesting study, but the consequences for young offenders are not easy to discern. 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. In Switzerland, children aged 10 and over are regarded as criminally responsible. There are also legal, linguistic and other cultural differences (Barberet 2001). A Study in Social Theory. In such situations the local social services board applies to the County Administrative Court to decide whether the conditions set out in the Compulsory Care Act have been fulfilled (Hollander 1985; Mattson 2002; Proposition 1989/90:28). Youth criminality is problematic for many reasons. China has lowered the age of criminal responsibility to 12 from 14 for some serious crimes as it cracks down on a rise in juvenile crimes. However the local social services boards will still have the main responsibility for young offenders (Proposition 1997/98:96; SOU 2004:122). the age of criminal responsibility in organised thefts (Bell & Heathcote 1999, p. 4). The age of criminal responsibility in all Australian states and territories is 10, well below the ... Iceland, Italy, Norway, Portugal, Spain and Sweden, among others, children under 14 years old (and in some cases even older) cannot be arrested, charged with a crime or sent to youth detention centres.28 [Government Bill: Reforms in the Criminal Code, Sentencing and Sanctions]. 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). Lundström,T. 4 0 obj (1998) ‘Barns rätt att komma till tals – ökat inflytande för barn eller vuxna?’ [Children’s Right to be Heard – Greater Influence for Children or for Adults?] From the age of 15 years the minor is in principle treated in the same way as an adult. From the moment a crime is reported until the final decision has been taken, there is a long chain of events. 2 0 obj This has been explained as partly due to changes in the types of crime committed by young people but also as a result of a policy shift towards greater use of institutions (SOU 2004:122). This consolidates the label of the ‘dangerous criminal child’ (Goldson 2000; Levin 1996). Evaluation of youth custody has shown that it has been used more frequently than expected, instead of both imprisonment and a probationary sentence. It seems as if both the ideology, policy and practice is less interested in supporting children than accusing them, although this view is fundamentally against the principles on children in welfare and child protection legislation, and in the UN Convention on the Rights of the Child (Goldson 2000; Levin 1996; Muncie 1999; Proposition 1997/98:96). After exploring the differences between young and adult offenders which underlie the welfare/justice clash, the project presents an in-depth investigation of the Swedish and the German juvenile criminal justice systems. 19, No. The Guardian view on the age of criminal responsibility: raise it now. (1997) ‘Young Offenders, Punitive Policies and the Rights of Children.’ Critical Social Policy. The suggested intervention can be compulsory or voluntary institutional care or supervision. London: Jessica Kingsley Publishers. If guilt has not clearly been proven, how can the report reflect the severity of the crime? In Sweden, children under 15 years of age are not subject to legal sanctions (CC 1:6). Children’s competence is also very much a question of their lack of power in society (John 2003). Trends, Media Attention and Societal Response. Betänkande av Ungdomsbrottsutredningen. below), and concerning sentencing for juveniles. that the juvenile criminal justice system has to deal with (the “welfare/ justice clash”) in Sweden and Germany. The minimum age for criminal responsibility was set at 10 in England and Wales back in 1963. 15 Denmark, Finland, Iceland, Norway, Sweden, Greece 16 Portugal Source: AIHW, Youth justice in Australia 2017-18 The UN Committee on the Rights of the Child maintains that ‘a minimum age of criminal responsibility under the age of 14 years is considered…not to be internationally acceptable’.12 The Ministry of Education and Research has responsibility for coordinating youth policy, ... Country Sheet on Youth Policy in Sweden. The Criminal Code also contains general provisions on all offences, At the same time, the Criminal Code concepts of proportionality and consequences have been strengthened when deciding about interventions in relation to the crime rathert hen in relation to the child’s needs (Proposition 1997/98:96; SOU 2004:122). Statens Institutionsstyrelse: Liber Stockholm. Stockholm: Norstedts. Youth service is a form of programme with a restorative or rehabilitative purpose (CC31:1). The difficulty of reconciling these considerations is exacerbated by the timing of reports, as the report made by the social welfare officer is submitted to the prosecutor before the suspect’s guilt has been proved. Jareborg, N. and Zila, J. 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. Social work plans therefore have to combine responses to welfare need with judgements about appropriate sanctions for the crime. The youth justice system encompasses a broad range of perspectives on both welfare and justice, and these vary from jurisdiction to jurisdiction. Tärnfalk, M. (2001) Sluten ungdomsvård år 2000: Redovisning av intervjuundersökning [Compulsory Institutional Care. 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. The Minimum Age of Criminal Responsibility (known as MACR) hasn’t changed in England or Wales since. Apropå nr 1. 15 Minimum Age. Criminal Responsibility. Bramstång, G. (1964) Förutsättningar för barnavårdsnämnds ingripande mot asocial ungdom. The age of criminal responsibility in many European countries ranges between 14 and 16, but in England, Wales and Northern Ireland remains at 10. European Journal on Criminal Policy and Research 7. 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